Apple sued over "Tiger," injunction sought

AppleInsider ^ | April 28, 2005 | AppleInsider Staff

[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.

[dennisw]

Best I recall Tiger direct has not been allowed to sell Apple computers though they do sell iPods. I'm sure Tiger would like to sell them since Apple has such a good buzz these days

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

[daviddennis]

I did a Google search for 'Tiger' and Tiger Direct actually appeared before Apple's Tiger.

Considering the amount of time the code name Tiger has been known, I feel this is just meant to get them attention. If I were the judge, I'd throw it straight out of court.

D

[bwteim]

Didn't go through Google's pages enough, here's some more ;)

In addition to
Paper tiger software
http://www.thepapertiger.com/

Smile Tiger Software corp
http://www.smiletiger.com/

Purple tiger
http://www.purpletiger.com/

White Tiger software
http://stores.ebay.com/White-Tiger-Software

There are also

Ancient Tiger
http://www.ancienttiger.com/software.asp

Tiger Software Suite
http://www.viewplus.com/products/software/TSS

Indigo Tiger
http://www.indigotiger.com/

There's even a "Lion Tiger Software Company"
http://www.google.com/search?q=%22Lion+Tiger+Software+Company%22

and then there is just plain old

TIGER Software
http://www.dspr.com/www/products/software/overview.htm

;)

[cynwoody]

Apple is using "Tiger" as an internal code name, not as a trade name. The OS will be rolled out as OS X 10.4 or such, not as Tiger.

Look again.

OK, I stand corrected — I didn't realize they were using the word in their marketing.

However, further research reveals they are officially entitled to use the word Tiger — both pre and post release. Mac OS X Tiger™ for Small Business!

It turns out Apple holds a registered trademark on the wordmark Tiger. So, they've done their homework, and they've obviously planned this ad campaign. Now, when we look up Tiger Direct, all we find is the concatenation of the words "Tiger" and "Direct"!

So, it looks like they are SOL. But I don't think they care, because all they're really after is a litle free publicity.

[FreedomCalls]

In 1993, Apple had a project code-named "Sagan", after Carl Sagan. Carl Sagan sued - alleging that his name had been misappropriated - and lost.

Did Carl Sagan have a trademark on the name "Sagan" as it applied to software. No, he didn't. Case closed. Now had he actualy trademarked "Sagan" as a software product, it might have turned out different.

[rwfromkansas]

Go Tiger. Kick some Democrat ass.

[FreedomCalls]

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.

Even if they did, it wouldn't matter unless someone else had a trademark on "Jaguar" or "Panther" as a software product. Then they could have sued.

I see a pattern here. Perhaps I should trademark "Ocelot" as a software product before they get to it. LOL.

[longtermmemmory]

spike lee's lawyers strike again? spike (iamanidiot) lee vs spike tv.

[Harmless Teddy Bear]

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 lawsuit over that as well?

Apple lost IIRC

[CheneyChick]

Don't forget this guy:

[FreedomCalls]

Can you show where Tiger Direct has published any software or operating system under then name "Tiger"? I looked at their site and it is all hardware... with third party software sales.

It doesn't matter if the name is in use or not as long as they have trademarked it and are planning to use it.

In addition, single words are no longer trademarkable. No one can Trademark a word... they can trade mark a word that is also a logo...

I beg to differ. The USPTO web page lists 694 active trademarks on the word "Tiger" either singly or with other words. You say "no longer" but if Tiger Direct had trademarked it in the past when it was still allowed, it is still valid today.

I searched their site for products named "Tiger" and found only 8 items... but guess what?!?!?! Items 6 through 8 are listed as NEW ITEMS! The new items are: POWERMAC G5/2000 w/TIGER

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.

[FreedomCalls]

both appear to be using it for marketing purposes.

Since Longhorn is not yet for sale, I doubt if you can claim Microsoft is using the word "Longhorn" in marketing.

[FreedomCalls]

In order for a lawsuit to go anywhere, you have to show a substantial likelihood that people will conflate your trademarked company/product with someone else's company/product.

Swordmaker was confused when he went looking for Tiger Direct software and found OS X 10.4 instead.

[FreedomCalls]

It turns out Apple holds a registered trademark on the wordmark Tiger.

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

[FreedomCalls]

If I were the judge, I'd throw it straight out of court.

No on the contrary, every company is not just allowed to litigate their trademarks, they are required to do so lest they lose their rights to the trademark. Even if they don't have a case, they have to show that they are actively defending the mark. It happened to Bayer over the "Aspirin" trademark. They were thrown out of the country during the war (Bayer is a German company) and since they could not defend the trademark in court here it was determined to be a generic term thereafter. By the way, in Canada "Aspirin" is still a trademarked name for Bayer's salicylic acid analgesic as it is in many countries still.

[antiRepublicrat]

Let's see... The USPTO has hundreds of live trademark registrations with "Tiger" in them, several being solely for "Tiger." Only one pertains to operating systems and is owned by Apple Computer, registered two years ago.

Tiger Direct has three under "Tiger Direct," and they're specifically for the service of mail-order computer hardware and software. A "Systemax" corporation has the trademark for "Tiger" in mail order and retail computer sales -- Tiger Direct better watch out.

Other "Tiger" trademarks in the computer industry are for specific-function software and computer systems.

IOW, Tiger Direct doesn't have a leg to stand on. But someone has been challenging Apple's trademark since 2004, and it could be Tiger Direct.

[antiRepublicrat]

Apple and TigerDirect are both in the IT business, so there is a bit more of a legitimate case that can made.

There are a LOT of "Tiger" trademarks in the IT business, but they're all for something slightly different. There would be a lot of people suing each other right now if just being in the IT business meant you couldn't use the "Tiger" name.

[mercy]

I have no love for Jobs although I do appreciate his product. This is so obviously a BS attempt to steal money that I hope Jobs not only counter sues but literally crushes these ASs.

[antiRepublicrat]

Does Longhorn beer have a trademark on "Longhorn" when used as in software applications?

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

[SlowBoat407]

Maybe that explains why my small dog has been looking for a lawyer....