Apple sued over "Tiger," requested injunction could prevent launch

[AppleInsider]

Apple Computer has been slapped with a lawsuit by Tiger Direct Inc. for allegedly infringing its trademark with the new Mac OS X "Tiger'' operating system scheduled for release on Friday.

Tiger Direct, which sells computers and related products on the Internet, said Apple's Tiger OS threatens to dilute its trademarked name, according to Bloomberg, which has obtained a copy of the lawsuit.

The online retailer also accused Apple of deceptive and unfair trade practices in the lawsuit, filed today in federal court in Miami, Florida, Bloomberg said.

"Apple Computer has created and launched a nationwide media blitz led by Steven Jobs, overwhelming the computer world with a sea of Tiger references," Tiger Direct's attorneys wrote in the lawsuit.

If the court grants Tiger Direct's request for an injunction, Apple's rollout of Tiger could be stopped.

Tiger Direct, which is based in Miami, Florida, has used its family of Tiger trademarks to sell computers and computer related products since 1987, the lawsuit said. The company owns trademarks on the names Tiger, TigerDirect and TigerSoftware.

The retailer said Apple's use of the name "is causing confusion, mistake and deception among the general purchasing public."

At the root of the issue appears to internet search results. Tiger Direct contends that Apple's use of the name has adversely affected its ranking amongst the Internet's largest search engines, Google and Yahoo, bumping the company from its usual spot in the first three results.

Tiger Direct has asked the federal court to block Apple from using the name, according to Bloomberg.

The online retailer is also seeking damages and legal fees.

Update: Tiger Direct claims a preliminary injunction hearing is slated for Tuesday, May 3, several days after Tiger is scheduled to go onsale.

[ View this article at AppleInsider.com ]

[12houripod]

for crying out loud

[Denmaru]

They should shut up and be happy - this is pure publicity!

And then... so "Tiger" is copyrighted? Damn, I need to hurry - I need to copyright every wild cat´s name ASAP, and then sue the crap out of Apple!

Really, this is more sad than amusing...

[admactanium]

hahaha. obviously just purely a nuisance lawsuit looking for a free couple bucks to shut them up. i'm sure they didn't just hear that apple was going to name their next operating system "tiger" today. sooo lame. i guess they just lost all my business.

[ipodandimac]

Originally posted by Denmaru
They should shut up and be happy - this is pure publicity!

exactly my thoughts.

apple hasnt even taken their spot in line at google

[schmidm77]

In other news... Microsoft Corps. was handed a lawsuit by the University of Texas alleging that the Windows maker was illegally using its trademark of the word "longhorn."

[Matthew Yohe]

Your Mac OS X Tiger isn't from Tiger Direct? Man, I'm confused!

[stangmatt66]

Eventhough Tiger Direct might have an arguement here, they had over a year to bring suit against Apple. Why now?! The day before launch...LAME

[Sopphode]

Since when did Apple market their OS as TigerDirect?

[akhomerun]

the official name of Apple's OS is Mac OS 10.4, Apple can just go to calling it Mac OS 10.4 and leave the tiger stripes on the web page.

It's too late now, everyone associates Tiger with OS 10.4 and no matter what everyone is going to call it that.

Besides that, any retard can distinguish between Mac OS X Tiger and TigerDirect.com. I swear sometimes copyright and patent laws are made for people who can't tell a rock from yogurt.

[snoopy]

Kellogg's Tony the Tiger better look out.

[9secondko]

I could almost see a legitmate lawsuit if Apple renamed the company "Tiger", but they did not. They named a peice of software. There is no merit here. This is just ridiculous. Tiger is the name of a big cat. If you company is named that, then fine, others should not be allowed to distract. However, a company PRODUCT is something different entirely.

I am going to patent "Lion" so that I will make the bucks when it comes out and sue Apple too.

[the cool gut]

Telephone Support

Sales Inquiries / Product Information 800.800.8300
Customer Service and Support 800.800.8300
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Let 'em have it boys - I'm going to call and enquire right now. I might send a fax or two as well ...

[nagromme]

So... assuming all this is true... what "mistakes" are these that consumers are making and hurting Tiger Direct, exactly? What "deception" is leading people to buy less from Tiger Direct?

Do they honestly think that someone who wants to shop at Tiger Direct is going to do a Google search, find Mac OS X 10.4 Tiger instead, and end up buying that from Apple instead of what they were originally wanting from Tiger Direct???

Of course not. They just see a chance to try for some money from a prominent company.

The timing is purely to extort money from Apple. They know Apple has planned a big launch and can't delay it, so Apple has no time to respond no matter WHO is right... and therefore they can get Apple to make a big out-of-court settlement without Tiger Direct actually being in the right!

Now THAT is low. Tiger has been promoted for over a year now.

Steve will probably refuse to pay at all costs, but here's what I'd do:

1. Pay what Tiger is asking.

2. Then sue them after the fact for the planned extortion (or whatever the proper term).

I'm all for Apple losing when they're in the wrong--and sometimes they are. But even if the letter of the law somehow makes Apple wrong this time, it's still a disreputable and needless act of Tiger Direct.

[kenaustus]

All Tiger Direct wants is to get their name in the media - which they have done. They also come off looking like clowns pulling this stunt the day before the Tiger I want is released. I've bought from TD in the past, but never again.

[geekdreams]

What they should do is launch a new division of their company called AppleDirect and see what happens.

[Matthew Yohe]

Originally posted by the cool gut
Telephone Support

Sales Inquiries / Product Information 800.800.8300
Customer Service and Support 800.800.8300
Educational Sales (M-F 8AM-8PM EST) 888.278.4437
Corporate Sales / Licensing (M-F 8AM-8PM EST) 888.278.4437
Reseller Hotline (M-F 8AM-8PM EST) 888.736.4672
International Callers 305.415.2201
Para Clientes en Español 888.222.9800
To Fax Us An Order 305.415.2202


Let 'em have it boys - I'm going to call and enquire right now. I might send a fax or two as well ...

Not sure how this will do anything.. and not sure you can reach anyone that would know anything about this anyway.

[macnut222]

As far as trademarks go, Apple has a trademark on Tiger as well.

This lawsuit will end the same way the Mac OS 9 v OS 9 lawsuit (bottom of page) went - with Apple winning.

[Kasper]

Originally posted by macnut222
As far as trademarks go, Apple has a trademark on Tiger as well.

This lawsuit will end the same way the Mac OS 9 v OS 9 lawsuit (bottom of page) went - with Apple winning.

Yeah -- But check the status:

http://tarr.uspto.gov/servlet/tarr?r...entry=78269988

"Current Status: An opposition is now pending at the Trademark Trial and Appeal Board."

Best,

Kasper

[bdkennedy1]

I faxed them and told them they didn't need Apple to make them look lame. They just did it themselves.

[Jamil]

Given the fact that this was filed in Florida, very good chance that a injunction will be given.

We all know that Floridians think very rationally and make the right decision.

[Aurora]

Sounds like Apple getting back some of what its dished out Its funny. I can see Jobs now.

[nagromme]

Originally posted by geekdreams
What they should do is launch a new division of their company called AppleDirect and see what happens.

Not much, I'd say. I used AppleISP as my service provider for years.

Originally posted by Aurora
Sounds like Apple getting back some of what its dished out Its funny. I can see Jobs now.

You mean because Apple sued people who actually did illegal and damaging things?

[macnut222]

Originally posted by Kasper
Yeah -- But check the status:

http://tarr.uspto.gov/servlet/tarr?r...entry=78269988

"Current Status: An opposition is now pending at the Trademark Trial and Appeal Board."

Best,

Kasper

Wow. I didn't even notice that.

[TednDi]

They are a friggin subsidiary of systemax!!!!

It's that systemax guy's fault.

ooh is Steve gonna be pissed

750,000,000 will buy you the company steve!!

I want my Tiger you D*ck heads!!

+++++


TigerDirect.com
7795 W Flagler St. Suite 35
Miami, FL. 33144


About The Company
TigerDirect.com was established to serve the needs of computer users, and today we are one of the industry's top computer and computer-product retailers. Our web site has been ranked among the New York Times' "Top 25 Online Retailers" in 2002. And our catalog has become a textbook for computer users. But our success has been built on a simple principle: take care of every customer like they were a member of our family. From the beginning, our top priority was to provide unmatched customer care and to help our customers understand how technology could help them. We've always invited intelligent, courteous men and women to staff our call center; to answer your questions, make recommendations and deliver solutions. We stock our web site with the latest products, the best deals---and plenty of information to help you decide for yourself. We are proud of each and every member of our staff, because they make the difference.

Just because we offer the industry's lowest prices doesn't mean we skimp on service. In fact, it is because we take care of our customers—and you continue to support us with your business—that we're able to use our buying power to get you the best deals.

So when you call us or log onto our web site, you're doing business with a company that is enthusiastic about computers, and about matching our customers with the items that they need. And we intend to continue serving you. Every day.



There are a lot of reasons to come to TigerDirect.com for your PC-product needs. We've got the largest selection-over 50,000 items in stock and ready to ship from our state-of-the-art warehouse facility.

We've also created one the industry's most popular brands of personal computers, built with premium components and backed by our award-winning technical support staff. That means keeping up with the winds of change that swirl through the business world today. It means having the resources to invest in our customers as a Fortune 1000 company (we are a subsidiary of Systemax Inc.), we have those resources. And we have the vision. While our competitors were selling high-priced machines with their vision of what the business world needed, we gave our customers alternatives-by offering "Build-To-Order" and fully customized systems. While our competitors cut corners by skimping on the details, we used only premium-quality components. In fact, that's the cornerstone of our concept.

Our people are, and have always been our greatest asset. If I had to make the choice between the absolute best in technology and mediocre people or great people and mediocre technology, I'd choose great people every time. Hands down. Fortunately, I don't have to make that choice. We've combined great people with great technology and that means a satisfying and pleasant experience for you. It starts with a professional, courteous, patient and knowledgeable person on the phone. We can help you whether you're buying your first PC, adding memory, adding a peripheral or purchasing hundreds of PCs for a large corporation. Our people are ready to help you, they are the best in the industry-and I'm proud of each and every one of them. In fact, until they are certified and trained by our customer service and sales leaders, they won't even have the opportunity to take your call.

There are a lot of reasons to make TigerDirect.com your source for computer-related products-the industry's best selection of in-stock products, outstanding PCs built with premium components, exceptional leasing options, the best technical support and customer service in the business and the best prices on everything we sell. But the one you'll like the most is the service you receive.


TigerDirect.com is a subsidiary of Systemax Inc. - a $1.5 billion public corporation listed on the New York Stock Exchange. We have the resources to get you what you need, when you need it - along with the culture of customer care that will make it an enjoyable, hassle-free experience. We guarantee it.

[BuonRotto]

The timing couldn't be better. I guess the CEO just read about it in the Wall Street Journal this morning.

[admactanium]

Originally posted by schmidm77
In other news... Microsoft Corps. was handed a lawsuit by the University of Texas alleging that the Windows maker was illegally using its trademark of the word "longhorn."

i wish they would. i'm a texas longhorn and i feel that the windows project name is sullying the reputation of my school.

[TednDi]

I say we call Tiger Direct and try to order OS X Tiger!!

then complain that they are using apple to lure customers!!

[Matthew Yohe]

Originally posted by BuonRotto
The timing couldn't be better. I guess the CEO just read about it in the Wall Street Journal this morning.

Yeah, obviously the timing is suspect... But Apple could possibly use the defense of laches. Tiger Direct is basically doing what is called a "legal ambush".

[Hugi]

Wow, I can't believe I did business with Tiger Direct in the past. That won't happen again though.

Bloody extortionists.

[Hugi]

Oh, and make sure you let them know how you feel about this.

[RageX]

Are you f'n kidding me? It never ends.

[G_Warren]

Originally posted by snoopy
Kellogg's Tony the Tiger better look out.

Apple got round the Tony problem easily - he is an Apple employee, so there won't be any confusion with Frosties thankfully. MacWorld UK

[D.J. Adequate]

Originally posted by AppleInsider
At the root of the issue appears to internet search results. Tiger Direct contends that Apple's use of the name has adversely affected its ranking amongst the Internet's largest search engines, Google and Yahoo, bumping the company from its usual spot in the first three results.

You can sue over loss of Google ranking? That's certainly a unique interpretation of trademark law. Anybody ever heard of Google Bombing? Want to try it on Tiger Direct?

That being said, it doesn't look like they are searching for a preliminary injunction, so it shouldn't effect Tigers launch.

[kerryb]

It is hard to feel sympathy for Apple when stupid lawsuits like this one pop up. Live by the sword die by the sword. There may be "some" legitimate complaint on behalf of the Tiger Direct but the timing shows reveals it is a just a money grab like most lawsuits. I think the injunction would actually give "Tiger" that's Mac OS X 10.4, an even bigger publicity push. When will the copyright BS end?

[AWILL]

You know now that I think about it I don't remember hearing about the car manufacturer Jaguar filing a lawsuit. Maybe they can jump on the bandwagon with these idiots and claim confusion between an operating system and luxury sports car. I can see how people would be confused between the two. Sure it was 10.2, and that was years ago, but it is never to late to prove you are a moron. This is so stupid!

Besides haven't they already started shipping. The release of Tiger is going to happen whether they like it or not.

[a_greer]

What about the fact that Apple has called it tiger since WWDC last year...they have had tons of time, they shoulda done this in september or so of last year if they were serious...it would have given apple time to change the marketing and make everyonr happy - but this last minute thing is just trying tto grab some of the headlines that Tiger has been getting recently - any judge in his right mind would toss this out.

And furthermore: IF there is an injunction issued and Apple blows it off, that is a couple of million in fines at tops, well worth it IMHO.

<Update>
Didnt Jaguar (the car company) sue Apple? or am I mistaken...I think it was tossed out...or so I recall

AND there, when I was a kid, was a handheald electronic game and electronic toy company called Tiger...way before tigerdirect, hell before business even knew what .com was

[G_Warren]

On the face of it, these Tiger people have a fairly good case - registration of the word Tiger in relation to computing, which Apple appears to be infringing. The timing sucks though - clearly done in the hope that Apple pays up to keep them quiet.

Hopefully Apple will just sling them some money out of court tomorrow morning, so Tiger can be released tomorrow, and then we can all give this greedy, selfish company the abuse they deserve.

[macspirit]

Originally posted by the cool gut
Telephone Support

Sales Inquiries / Product Information 800.800.8300
Customer Service and Support 800.800.8300
Educational Sales (M-F 8AM-8PM EST) 888.278.4437
Corporate Sales / Licensing (M-F 8AM-8PM EST) 888.278.4437
Reseller Hotline (M-F 8AM-8PM EST) 888.736.4672
International Callers 305.415.2201
Para Clientes en Español 888.222.9800
To Fax Us An Order 305.415.2202


Let 'em have it boys - I'm going to call and enquire right now. I might send a fax or two as well ...

I called'em!!! Asked'em if they sold OS 10.4 Tiger. He said, "What's that?" I said, "It's Tiger. You're TigerDirect, right?"
"I don't know what that is, sir. Do you have a product number?"
"Uh....you're TigerDirect, right? It's Tiger. You're Tiger. I'm confused here."
"Sir, where did you find this product?"
"Uh....I searched with Google. That's where I found it...er, you...on Google."
"Sir, we don't sell that product."
"But you're TigerDirect, right?"
"Yes, sir."
"Well, it's Tiger ,too. I'm confused here. Okay, well...I guess I'll have to look for the Tiger somewhere's else. Grrrrrrrrrrrrrr!"

[G_Warren]

Originally posted by G_Warren
On the face of it, these Tiger people have a fairly good case - registration of the word Tiger in relation to computing, which Apple appears to be infringing. The timing sucks though - clearly done in the hope that Apple pays up to keep them quiet.

Hopefully Apple will just sling them some money out of court tomorrow morning, so Tiger can be released tomorrow, and then we can all give this greedy, selfish company the abuse they deserve.

However, it appears that Tiger Direct, has the word 'Tiger' registered only in relation to 'Mail order catalog services featuring computers and computer related products; and Retail store services featuring computers and computer related products.'

Arguably, an operating system is a sufficiently different category that Apple would succeed in a case. Can't believe they tried this today when it now looks as if they don't even have an arguable case.