Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Apple sued over "Tiger," injunction sought
AppleInsider ^ | April 28, 2005 | AppleInsider Staff

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.


TOPICS: Business/Economy; News/Current Events
KEYWORDS: apple; mac; osx; tiger
Navigation: use the links below to view more comments.
first previous 1-20 ... 81-100101-120121-140 ... 181-184 next last
To: general_re

Funny. Certainly the (Fig) Newton handle was ripped off by Apple with their early PDA back in 93. I never heard the Washington Apple growers complain about the Corporate name. And though the Apple Lisa was the first "affordable" GUI, my daughter was named Lisa a full 9 years earlier in 1974. Perhaps she rated some royalties; would have helped with parochial school tuition.


101 posted on 04/28/2005 8:15:18 PM PDT by jimfree (Freep and ye shall find.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jimfree
I never heard the Washington Apple growers complain about the Corporate name.

No, but Apple Records sure did. They dropped their suit on the condition that Apple never gets into the music business.

Oops.

102 posted on 04/28/2005 8:16:42 PM PDT by SlowBoat407 (I'm not nearklym drunk enough tom deal with it. - FReeper Wormwood, 4/18/05)
[ Post Reply | Private Reply | To 101 | View Replies]

To: general_re

No comment here either, except (OK, 1 comment) that when I saw an article in the paper about the new Tiger Operating System recently (within the last 2 days), I thought it was TigerDirect as well. I used to have a Tiger Computer back when Tiger was a smaller "built at home" outfit. Good prices on decent equipment at the time.


103 posted on 04/28/2005 8:17:41 PM PDT by meyer (Our greatest opponent is a candidate called Complacency.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FreedomCalls
It does have a trademark on "Tiger" when used on software applications.

No it doesn't. I just looked. Here are their trademarks according to the USPTO.

104 posted on 04/28/2005 8:18:43 PM PDT by antiRepublicrat
[ Post Reply | Private Reply | To 56 | View Replies]

To: Captain Peter Blood

There was a Tiger Lines trucking company in Calif. in the early 80's. They were the non-union part of Cherokee Freight lines. They hauled bulk wine and other liquids in the Central Valley.


105 posted on 04/28/2005 8:20:45 PM PDT by alpo
[ Post Reply | Private Reply | To 52 | View Replies]

To: Ex-Dem
Lindows was forced to change their name to Linspire after Microsoft complained that it was trading off the Windows trademark.

What's sad is that Lindows was actually about to win that case after a crucial judgement that whether "Windows" is associated with Microsoft's product will be judged by what people thought of the word as of 1985 -- when no one ever heard of Microsoft Windows. Basically Lindows sold out.

106 posted on 04/28/2005 8:22:06 PM PDT by antiRepublicrat
[ Post Reply | Private Reply | To 64 | View Replies]

To: FreedomCalls
If Apple holds a registered trademark on "Tiger" then indeed Tiger Direct is SOL. They lose. End of story.

Actually, no. Trademark isn't like copyright, and if you can show that you were first to use someone else's trademark, you can go to court and get it taken away from them. Registering your trademark is an advantage in showing that you had first use, but registering it is not enough to automatically make it yours and yours alone.

If you're doing business as Tiger Software, but never bother to register your trademark, and some company comes along fifteen years later and trademarks Tiger Software, you have a very good chance of getting their trademark registration revoked and turned over to you. It's all about presence and first use - registration is good, but not required.

107 posted on 04/28/2005 8:29:24 PM PDT by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
[ Post Reply | Private Reply | To 94 | View Replies]

To: dennisw

It's a shame Apple kept the release so quiet that Tiger Direct had to wait until the day before the release to ask that the problem be rectified. < /sarcasm>


108 posted on 04/28/2005 8:30:07 PM PDT by Tribune7
[ Post Reply | Private Reply | To 4 | View Replies]

To: antiRepublicrat
But someone has been challenging Apple's trademark since 2004, and it could be Tiger Direct.

It is. They've apparently been trying to get it revoked for some time now.

109 posted on 04/28/2005 8:30:13 PM PDT by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
[ Post Reply | Private Reply | To 96 | View Replies]

To: Tribune7

There's a company called Tiger Direct? They sell computers? Gee, I'll check them out right now!!!

/sarcasm


110 posted on 04/28/2005 8:32:40 PM PDT by SlowBoat407 (I'm not nearklym drunk enough tom deal with it. - FReeper Wormwood, 4/18/05)
[ Post Reply | Private Reply | To 108 | View Replies]

To: meyer
No comment here either, except (OK, 1 comment) that when I saw an article in the paper about the new Tiger Operating System recently (within the last 2 days), I thought it was TigerDirect as well.

Tiger Direct's lawyers may be interested in talking to you - that sort of confusion is exactly what they'd be looking for to make their case ;)

111 posted on 04/28/2005 8:33:06 PM PDT by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
[ Post Reply | Private Reply | To 103 | View Replies]

To: Ex-Dem
No more tiger teams
112 posted on 04/28/2005 8:36:06 PM PDT by Tribune7
[ Post Reply | Private Reply | To 13 | View Replies]

To: general_re

Go Tiger Direct!


113 posted on 04/28/2005 8:42:25 PM PDT by dware (3 prohibited topics in mixed company: politics, religion and operating systems...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: antiRepublicrat
Neither does Tiger Direct have a trademark on "Tiger" for operating systems.

Then they have no chance of winning, but still have to litigate it to maintain the hold on similar trademarks they do have.

115 posted on 04/28/2005 9:08:01 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
[ Post Reply | Private Reply | To 99 | View Replies]

To: antiRepublicrat
I was just going by what the news reports said. It's not the first time I was led astray by a "reporter" purporting to know the facts.

Apple sued over "Tiger," injunction sought

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.


116 posted on 04/28/2005 9:12:36 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
[ Post Reply | Private Reply | To 104 | View Replies]

To: kitkat
My striped tiger cat's suing BOTH companies because people are starting to mistake her for a computer. The last straw was when someone tried to plug her tail into an electric outlet. She's suing for misuse of her name, and for pain and suffering.

Don't forget the emotional distress and humiliation when she learned that she would be controlled by a MOUSE!

117 posted on 04/28/2005 9:19:24 PM PDT by Swordmaker (tagline now open, please ring bell.)
[ Post Reply | Private Reply | To 74 | View Replies]

To: dennisw
I saw the (new?) Apple models for sale that you mention. They might be refurbished

Apple hasn't even shipped these models yet...

118 posted on 04/28/2005 9:21:11 PM PDT by Swordmaker (tagline now open, please ring bell.)
[ Post Reply | Private Reply | To 81 | View Replies]

To: Swordmaker
Apple hasn't even shipped these models yet...

One of my friends got a dual 2.7 with Tiger today. (Lucky bastard). It was through an edu discount, don't know if they're available in normal channels yet.

119 posted on 04/28/2005 9:26:10 PM PDT by ThinkDifferent (These pretzels are making me thirsty)
[ Post Reply | Private Reply | To 118 | View Replies]

To: FreedomCalls
I think that's their point. You went looking for Tiger Direct software and ended up finding Apple software instead. There's confusion in the marketplace.

Sorry, no. This was THEIR search engine on THEIR site. And it is not software, which they do not publish, that I found, but hardware (The Apple PowerMac G5) including software (OSX.4 Tiger).

120 posted on 04/28/2005 9:26:33 PM PDT by Swordmaker (tagline now open, please ring bell.)
[ Post Reply | Private Reply | To 91 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 81-100101-120121-140 ... 181-184 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson