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

Posted:
in macOS edited January 2014
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.
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Comments

  • Reply 1 of 97
    for crying out loud
  • Reply 2 of 97
    denmarudenmaru Posts: 208member
    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...
  • Reply 3 of 97
    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.
  • Reply 4 of 97
    ipodandimacipodandimac Posts: 3,273member
    Quote:

    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
  • Reply 5 of 97
    schmidm77schmidm77 Posts: 223member
    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."
  • Reply 6 of 97
    Your Mac OS X Tiger isn't from Tiger Direct? Man, I'm confused!
  • Reply 7 of 97
    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
  • Reply 8 of 97
    sopphodesopphode Posts: 135member
    Since when did Apple market their OS as TigerDirect?
  • Reply 9 of 97
    akhomerunakhomerun Posts: 386member
    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.
  • Reply 10 of 97
    snoopysnoopy Posts: 1,901member
    Kellogg's Tony the Tiger better look out.
  • Reply 11 of 97
    9secondko9secondko Posts: 929member
    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.
  • Reply 12 of 97
    the cool gutthe cool gut Posts: 1,714member
    Telephone Support

    \t

    Sales Inquiries / Product Information\t800.800.8300

    Customer Service and Support\t800.800.8300

    Educational Sales (M-F 8AM-8PM EST)\t888.278.4437

    Corporate Sales / Licensing (M-F 8AM-8PM EST)\t888.278.4437

    Reseller Hotline (M-F 8AM-8PM EST)\t888.736.4672

    International Callers\t305.415.2201

    Para Clientes en Español\t888.222.9800

    To Fax Us An Order\t305.415.2202





    Let 'em have it boys - I'm going to call and enquire right now. I might send a fax or two as well ...
  • Reply 13 of 97
    nagrommenagromme Posts: 2,834member
    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.
  • Reply 14 of 97
    kenaustuskenaustus Posts: 894member
    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.
  • Reply 15 of 97
    What they should do is launch a new division of their company called AppleDirect and see what happens.
  • Reply 16 of 97
    Quote:

    Originally posted by the cool gut

    Telephone Support

    \t

    Sales Inquiries / Product Information\t800.800.8300

    Customer Service and Support\t800.800.8300

    Educational Sales (M-F 8AM-8PM EST)\t888.278.4437

    Corporate Sales / Licensing (M-F 8AM-8PM EST)\t888.278.4437

    Reseller Hotline (M-F 8AM-8PM EST)\t888.736.4672

    International Callers\t305.415.2201

    Para Clientes en Español\t888.222.9800

    To Fax Us An Order\t305.415.2202





    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.
  • Reply 17 of 97
    macnut222macnut222 Posts: 100member
    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.
  • Reply 18 of 97
    kasperkasper Posts: 941member, administrator
    Quote:

    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
  • Reply 19 of 97
    bdkennedy1bdkennedy1 Posts: 1,459member
    I faxed them and told them they didn't need Apple to make them look lame. They just did it themselves.
  • Reply 20 of 97
    jamiljamil Posts: 210member
    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.
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