Posted on 04/28/2005 3:45:44 PM PDT by general_re
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 Appke'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.
FYI.
And they waited until the day before Tiger's release, what a coincidence. The phrase "duty to mitigate" comes to mind.
Tiger Direct is a fine company. I hope they prevail. A good settlement is they sell some Apple products they get at a discounted wholesale price. That might even be why they are suing.
Couldn't happen to a nicer bunch of computer snobs. Apple has been suing the daylights out of everyone (EMachines was a classic), even trying to screw over some guy who DARED to write an unauthorized biography of Steve Jobs.
What goes around comes around and I'm rooting for Tiger Direct.
So will the University of Texas sue Microsoft for using the word "Longhorn" in their new OS?
I didn't know "Tiger" was a trademarked name now.
Either the article is fake or it's just a publicity stunt for either or both companies.
Hopefully a pride of African tigers will bring lawsuit against Tiger Direct Inc. for using their name. It infringes on the millions of books, movies, and especially the African nation. It also effect Google and the other search engine by eliminating them from the top spot.
I can't wait until everyone starts blaming Microsoft and Bill Gates ... should happen any minute now ...
I'd bet that it was filed with both publicity and leverage in mind. It would be expensive for Apple to back off at the last minute - hence more leverage for Tiger Direct.
Tiger is one of my favorite online companies. I've bought from them since the 80s. They practically invented the concept of barebones computers.
It's Bill Gate's fault!
That doesn't mean much. They've been around for 20 years.
That's a different case. A university and a software company obviously aren't in the same business. Apple and TigerDirect are both in the IT business, so there is a bit more of a legitimate case that can made.
> No comment.
The here's one. I suspect TD is taking advantage of this
for reasons of self-promotion.
And anyone considering ordering from TD needs to do some
homework. Search the web on, for example:
"tiger direct" complaint OR fraud OR rebate
http://www.ftc.gov/os/1999/11/tigerdirectcmp.htm
http://www.consumeraffairs.com/computers/tiger_rebates.html
In other news, Tiger Woods was surprised today to be named as co-respondent in a copyright infringement lawsuit by Exxon, which claims that Woods' nickname infringes on its slogan "Put a Tiger in Your Tank."
In a related story Tiger Woods and Tony the Tiger are attempting to form class action suits against both computer makers.
Dang, I wish I knew about this company before. I was just at their website. Some of their stuff would put the cheap junk I got off Dell to shame.
Precisely.
Apple's new OS is officially called OS X 10.4. "Tiger" was its development code name that has spilled over into the marketing. Big deal.
Tiger Direct might get an injuction requiring Apple to cease and desist from publicly referring to the OS as "Tiger", but they'll never be able to interfere with the roll out.
And Tiger Direct will never be able to stop the general public from referring to the OS as "Tiger".
And their timing couldn't be more suspicious. After all this OS has been referred to as "Tiger" for at least a couple years now.
Everything I know of them has their name as "TigerDirect". I like the company, built my last machine strictly through them, but this is lame.
This is the kind of complaint Tiger gets at the link you provided. Everyone knows, or should know, that rebates are designed to avoid being paid on any pretext.
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