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.
I buy all my computer parts at TigerDirect so I'm rooting for them. Great company! BTW, I've never had any trouble getting my rebates. I've received every single one I've sent in.
This is another example of frivolous litigation by socially useless parasites called plantiff lawyers.
By the way, Princeton uses the tiger as its mascot. So does LA State, if I remember correctly. The tiger is the most popular animal mascot for colleges and high schools. Maybe those schools should sue TigerDirect. It is rather confusing, you know, to have a company out there selling stuff, which I might mistake for a high school. It causes me great distress. I smell a class-action suit here.
Apple has been using cat names for each successive version of OS X. Tiger will be a hard one to follow, but they still have left Lynx, Sabertooth, Bobcat, Civet, and Alley.
Windows is using Longhorn, for some reason. Maybe they intend to work their way through the barnyard, so that we can expect in the future to get Chicken, Pig, Gelding, and Sheep. They should have used Coyote, Wolf, Fox, etc,., in a series, because Windows is for the dogs. (We Mac users can't resist cheap shots like that. Sorry!)
Perhaps they expected it to be an internal code name just like "Panther" or "Jaguar" were used to describe OS X 10.3 and 10.2 internally, but were never used in public advertising or promotion. Apple only stepped on TigerDirect's trademark on "Tiger" used in software applications when they went public with it in the last few weeks (days?).
It is a big deal. It's just as you said. It was an internal development code name and should have stayed an internal development code name. If it had there would be no lawsuit. But once Apple starts marketing it as "Tiger" and since TigerDirect has a trademark on "Tiger" used on software, they now have a legitimate case.
What a bunch of crap! Tiger Direct is full of crap! There is no way I would ever associate their company with Apple's new OS.
What a waste of our court's time.
What is next, will Tiger Direct flex it's muscles and sue Tony the Tiger (Kellogg's) and then the Esso gasoline company? How about suing for the profits of the movie 'Born Free'?
Where will it all stop?
You can't. "Longhorn hasn't been released yet, hasn't been marketed yet, and hasn't been advertised as "Longhorn" yet. As long as it stays an internal code name there's no basis for a lawsuit.
What about Longhorn Beer?
Does Longhorn beer have a trademark on "Longhorn" when used as in software applications? Trademarks are specific to product categories. That's why Apple can sell computers, but not release songs under the Apple label as "Apple" is trademarked to Apple Corp (the old Beatles organization) when used in music applications.
Wasn't there a trucking company named Tiger?
Dunno. I know Flying Tigers, but I don't recall a trucking company.
There is a mining and development company called Tiger International, are they going to sue also?
Lots of companies out there that have Tiger in their name, so are all of them going to sue also?
You can see how ridiculous this can get.
I agree that they MAY have a legitimate case to require Apple to cease and desist with the "Tiger" marketing. It might depend on whether Tiger Direct is a software developer or merely a retailer, or other factors, and these would only be determined after a legal process has played out. But, Tiger Direct won't be able to interfere with the distribution of the Apple's product.
Heck, I already have the shipping notice that my copy is on the way. But I doubt if the word "Tiger" will appear anywhere on the packaging, or in the descriptive material, or even that any tiger stripes or other tiger related visual cues will appear anywhere on the product.
I think that Apple wouldn't have any real difficulty dropping the "Tiger" nickname, but they may choose to fight.
I'll repeat my main point. Tiger Direct's timing is suspicious. Tiger Direct could have taken this issue on much earlier. That they could have but did not might be deemed tacit assent. We'll have to wait and see.
Apple changed the project name to "BHA", which stood for "Butthead Astronomer". Sagan sued Apple again - and lost again.
"Tiger Direct" is a pretty decent place to get hardware deals, but ZipZoomFly is where I start...they're great.
Tiger Direct does not own trademarks on the word "Tiger" when used in marketing cereal or petroleum products. It does have a trademark on "Tiger" when used on software applications.
Well.... I'm not so sure they never were. "Jaguar", especially was used a LOT in stuff I saw from Apple, and they even used a spotted fur motif in a lot of their e-mails and ads... From memory, but I'll bet I can go back into my e-mail archives and ressurect some of that.
Carl probably didn't have the foresight to trademark his name.
I wonder if Exxon will file suit because people might want to put OSX in their tank... If gasoline keeps going up it may be cheaper...
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