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.
If TigerDirect is not producing any Tiger software, and since Apple is not producing any Tiger hardware, I doubt they can prevail.
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 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
POWERMAC G5/2300 w/TIGER
POWERMAC G5/2700 w/TIGER
ROTFLMAO!!!!
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.