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.
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.
No, but Apple Records sure did. They dropped their suit on the condition that Apple never gets into the music business.
Oops.
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.
No it doesn't. I just looked. Here are their trademarks according to the USPTO.
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.
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.
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.
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>
It is. They've apparently been trying to get it revoked for some time now.
There's a company called Tiger Direct? They sell computers? Gee, I'll check them out right now!!!
/sarcasm
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 ;)
Go Tiger Direct!
Then they have no chance of winning, but still have to litigate it to maintain the hold on similar trademarks they do have.
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.
Don't forget the emotional distress and humiliation when she learned that she would be controlled by a MOUSE!
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.
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).
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.