Posted on 04/29/2005 7:13:01 AM PDT by Swordmaker
Systemax Inc. subsidiary Tiger Direct Inc. has filed suit against Apple to prevent the company from using the word “Tiger” to describe its new Mac OS X v10.4 operating system, which goes on sale worldwide at 6 p.m. local time on Friday, April 29, 2005. The company claims that Apple is creating brand confusion by marketing Mac OS X v10.4 as “Tiger” and has asked the United States District Court for the District of Florida for a temporary restraining order and injunction.
Tiger Direct Inc. is claiming trademark infringement, trademark dilution and false designation of origin under separate federal codes, and has also cited trademark dilution and deceptive and unfair trade practices under Florida statutes, in copies of the court documents obtained by MacCentral.
Tiger Direct Inc. isn’t expecting Apple to yank Mac OS X v10.4 off store shelves, but is asking the court to impose an injunction to make Apple cease using “Tiger” on its Web sites and advertisements and to pull any advertisements that use the word “Tiger” from its stores or resellers; issue a press release stating that it has ceased use of the word “Tiger” and request the press do the same; and stop printing boxes, manuals or software referencing the word “Tiger.” It’s also asking for damages. A preliminary injunction hearing is scheduled for Tuesday, May 3, 2005.
Both companies have Tiger trademarks
Tiger Direct Inc., based in Miami, Fla., was established in 1987. The company has had a series of “Tiger”-related trademarks on file with the US Patent and Trademark Office going back to 1987, registering everything from the word “Tiger” to “TigerTV.com,” an has filed applications to register addition “Tiger”-based marks as well. It also lays claim to several “Tiger”-based “common law trademarks” in commerce.
In fact, Apple was also granted its own trademark serial number by the US Patent and Trademark Office for “Tiger” in 2003, used as a description of “computer operating system software.” An opposition against Apple’s filing is now pending at the Trademark Trial and Appeal Board, according to records filed with the office.
Apple’s basis as a retailer of computers, computer software and computer-related products is at the core of Tiger Direct Inc.’s complaint. Since mid-April, the company alleges, Apple has “created and launched a nationwide media blitz” containing “a sea of Tiger references,” including using phrases like “Tiger Unleashed,” “Tiger Center” and “Tiger World Premiere” on its Web site and in marketing materials.
With Apple’s announcement that Mac OS X v10.4 would be released on April 29, 2005 made earlier this month, the new operating system release has certainly gained public exposure, but Apple’s public use of the word “Tiger” to describe Mac OS X v10.4 goes back further than April, which has left some to wonder why Tiger Direct Inc. waited until now to file suit.
The new version of the Mac OS X operating system was first unveiled in June, 2004 during Apple’s Worldwide Developers Conference in San Francisco, Calif. Mac OS X v10.4 and “Tiger” have been synonymous since then, both in Apple’s press releases and in printed and online media exposure.
Bumping from search engines
Tiger Direct Inc. is displeased that the proliferation of Mac OS X v10.4-related information on the Internet has displaced it from popular Web search directories, according to the complaint filed with the court.
“Apple Computer’s use of of the term ‘Tiger’ as the primary term of reference for the Mac Os X 10.4 operating system has been picked up and repeated extensively by numerous media outlets,” said the company. “In turn Apple Computer’s use of the term ‘Tiger’ has also affected search results in Internet search engines.”
“Apple Computer now inundates the results of Google searches and has become the first result in a search for ‘Tiger’ in the Yahoo and MSN search engines,” said Tiger Direct Inc., which expects things to only get worse once Tiger hits the streets today.
A spokesman for Systemax Inc. was not available for comment as MacCentral posted this article, and Apple routinely refuses to comment on issues related to pending litigation.
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TigerDirect is just looking for a payday.
As was stated on yesterdays thread, what about Tony the Tiger, Tiger Paws, Tiger in your Tank and my old HS, TUHS Tigers...
You know, I agree that it seems to be a shakedown. But that's the whole point of trademarks. TigerDirect markets computers and operating systems (among other things), and they believe that this will dilute their brand. My bet is that Apple and TigerDirect will reach a settlement and this will just go away.
I like Tiger Direct, but this is a really dumb lawsuit.
TD will probably start to carry books now. ;')
I'd suggest that Apple users boycott Tiger Direct, but I'm not too sure they've ever had anything but peecee stuff, and have not received a catalog in years.
Problems of this stripe [rimshot!] are generally resolved out of court, with some kind of signed agreement, and cash changing hands.
I hope Apple makes sure there isn't an unfavorable claws [rimshot!] in the agreement.
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