Apple sued for the use of 'Tiger' name

[chibianh]

Anyone seen this?

Apple has been sued by Tiger Direct, Inc. for allegedly infringing its trademark with the Mac OS X 'Tiger', according to Bloomberg. Tiger Direct sells computers and related products on the Internet; it says the Apple's software package, marketing, and use of Tiger in the company's forthcoming operating system, threatens to dilute its trademarked 'Tiger' name. It also accused Apple of deceptive and unfair trade practices in the federal lawsuit filed in a Miami court. "Apple Computer has created and launched a nationwide media blitz led by Steven Jobs, overwhelming the computer world with a sea of Tiger references," according to the lawsuit. Bloomberg says that court injunction, if granted, could halt the rollout of new Mac OS X Tiger operating system, which will be officially released tomorrow. According to the lawsuit, Tiger Direct has used its family of 'Tiger' trademarks to sell computers (and computer-related products) since 1987 and the company has trademarked the names Tiger, TigerDirect and TigerSoftware--which it uses in about 25 million catalogs it sends out each year.

I think it's ridiculous how they waited until NOW to file the lawsuit.

[Daveway]

All I have to say is, "Oh SH*T!"

There is no way they're going to stop Apple from launching tomorrow, bu this could be a major blow to the whole launch in general. Well, I already have my copy so i'm kool.

[PlaceofDis]

apple has a trademark for Tiger and its uses if i am correct, its not like they didnt know this a year ago, and they waited until now? trying to call attention to themselves maybe? morons.

http://forums.macrumors.com/archive/...p/t-33151.html

[edesignuk]

With all the suing Apple have been doing to others recently, this makes me chuckle

[Zaty]

Why has Tiger Inc. waited until the day before the launch? Probably just to get attention. I only hope they don't find a senile Judge stopping Apple from launching Tiger.

[iGary]

When Tiger starts manufacturing software they will have a case.

No trade dress or trademark infringement here, I'm afraid.

[Mitthrawnuruodo]

I'm so f***ing tired of lawyers and their phony, gold-digging lawsuits...

...if there had been a problem, Apple would have gotten the message when trademarking all the catnames, years ago...

[Multimedia]

Originally Posted by Zaty

Why has Tiger Inc. waited until the day before the launch? Probably just to get attention. I only hope they don't find a senile Judge stopping Apple from launching Tiger.

I will NEVER buy from Tiger Direct again. I am sure their timing of the lawsuit is directly related to an attempt to steal some of Apple's thunder for their own benefit. Instead Tiger Direct will make themselves the pariah of the personal computing industry. How dare they try to crash and spoil our party. See you all in Palo Alto.

[Multimedia]

Here's Mine. Thanks to Tera Patricks. We love you Tera!

peter.amato@tigerdirect.com

Subject: Your Bogus Lawsuit of Apple Computer

Dear Peter,
Just a quick note to tell you that I will NEVER buy another product from you for the rest of my life. You have produced a permanent STAIN on your phony stripes. I am very disappointed in your behavior. You think you can bust in at the last minute and spoil our party tomorrow? NO WAY Buster. You have already lost. Now leave the group and go to your corner for a time out. Shame on you. Unless you immediately apologize to the Mac community and withdraw your lawsuit against Apple Computer, the Mac community now and henceforth puts a permanent spell of bad luck on you.

By the way, I drive a "Tiger" brand RV. You want to sue all my fellow "Tiger" RV owners for having the word "Tiger" plastered on the side of our RVs? You Worm.

How about suing me for having "MAC TIGR" license plates on the front and rear of my "Tiger" RV? What about my Uniroyal Tiger Paw GTS Tires? Come on Peter. Let's have a party in a Santa Cruz California Court Room. You maggot.

Taylor Barcroft
Santa Cruz CA

My Tiger XL RV
My MAC TIGR License Plates
My Uniroyal Tiger Paw Tires

[nagromme]

Originally Posted by edesignuk

With all the suing Apple have been doing to others recently, this makes me chuckle

You mean, the suing of people who have actually done illegal things? Things that actually damage Apple's business, unlike Tiger Direct?

[edesignuk]

Originally Posted by nagromme

You mean, the suing of people who have actually done illegal things? Things that actually damage Apple's business, unlike Tiger Direct?

I happen to not agree with a lot of Apples recent legal "battles", so, this amuses me.

[PlaceofDis]

its not like this is going to stop the release of tiger anyways, wouldnt most of the pre-orders have shiped by now anyways? i cant get over companies like this, its crazy

[tpatricks]

Originally Posted by edesignuk

With all the suing Apple have been doing to others recently, this makes me chuckle

Agreed. Found an email address for Tiger Direct. peter.amato@tigerdirect.com


TO: Peter Amato, Tiger Direct

Peter,

First, I understand some of what Tiger Direct hopes to do regarding Apple Computer; protect a valuable trademark. Go for it. It's your right.

Second, recognize that, from a practical perspective, Tiger Direct is probably skating on very thin legal ice, and, at best may get Apple to back up a little on how close "Tiger" can be identified as an online store that sells products similar to those of Tiger Direct. That's it.

That's about all that will happen. Tiger Direct will not get an injunction against Apple to prohibit the company from selling Tiger (the OS), and it's doubtful you'll recover even legal expenses. In the meantime, Tiger Direct runs the risk of alienating many customers, current and soon-to-be former. You know and I know and all consumers know that there's no "real" confusion between the respective "tigers" of Apple and Tiger Direct.

Third, our company (and companies we represent in our services) has purchased tens of thousands of dollars of products from Tiger Direct each year.

That ends now.

I'm also confident that our action will be repeated by others. Many others.

Finally, what begins now is the steady stream of publicity we can provide to our readers, 40-percent of whom are Windows users. Our unique perspective of Tiger Direct's apparently shady business practices.

You see, that's our right, too, what with the First Amendment, and all. Readers need to be reminded how Tiger Direct works.

tera
--

[Eric5h5]

Originally Posted by Daveway

All I have to say is, "Oh SH*T!"

There is no way they're going to stop Apple from launching tomorrow, bu this could be a major blow to the whole launch in general. Well, I already have my copy so i'm kool.

I don't know...I don't think Tiger Direct can win this. There are other cases of same or very similar names that co-exist just fine. What it comes down to is consumer confusion...two similar products named the same thing is obviously a problem, but here we have a computer mail-order company vs. an operating system. You'd have to be really astoundingly dumb to confuse the two, so I'd guess this case isn't going anywhere. Is IS amusing that it's Apple being sued in this case though.

--Eric

[dicklacara]

Originally Posted by Eric5h5

I don't know...I don't think Tiger Direct can win this. There are other cases of same or very similar names that co-exist just fine. What it comes down to is consumer confusion...two similar products named the same thing is obviously a problem, but here we have a computer mail-order company vs. an operating system. You'd have to be really astoundingly dumb to confuse the two, so I'd guess this case isn't going anywhere. Is IS amusing that it's Apple being sued in this case though.

--Eric

Mmmmm......

Seems that there was this Music company named Apple.....

[dicklacara]

Originally Posted by dicklacara

Mmmmm......

Seems that there was this Music company named Apple.....

Then there was this pro golfer named....

....and this "Tony the T**** promoting Frosted Flakes Cereal.... Grrrrreat!

[SiliconAddict]

Originally Posted by Eric5h5

I don't know...I don't think Tiger Direct can win this. There are other cases of same or very similar names that co-exist just fine. What it comes down to is consumer confusion...two similar products named the same thing is obviously a problem, but here we have a computer mail-order company vs. an operating system. You'd have to be really astoundingly dumb to confuse the two, so I'd guess this case isn't going anywhere. Is IS amusing that it's Apple being sued in this case though.

--Eric

Ummm no. Let me give you a couple of examples. Tiger is a company that use to, don't know if they still do or not, make cheap handhelds. Tyan makes a line of motherboards called tiger. How about Wing Commander 3: Heart of the Tiger? No worse then OS 10.4 Tiger. Those are the only computer related items I can think of. I know of several dozen other examples from outside the industry and prob could think of a few more that predated tigerdirect. Have no fear. This is going to get bounced out of court so fast and so high it’ll impress even Tigger the Tiger.

[nagromme]

So... assuming all this is true... what "mistakes" are these that consumers are making and hurting Tiger Direct, exactly? What "deception" is leading people to buy less from Tiger Direct?

Do they honestly think that someone who wants to shop at Tiger Direct is going to do a Google search, find Mac OS X 10.4 Tiger instead, and end up buying that from Apple instead of what they were originally wanting from Tiger Direct???

Of course not. They just see a chance to try for some money from a prominent company.

The timing is purely to extort money from Apple. They know Apple hasplanned a big launch and can't delay it, so Apple has not time to respond no matter WHO is right... and therefore they can get Apple to make a big out-of-court settlement without Tiger Direct actually being in the right!

Now THAT is low. Tiger has been promoted for over a year now.

Steve will probably refuse to pay at all costs, but here's what I think I'd do:

1. Pay what Tiger is asking.

2. Then sue them after the fact for the planned extortion (or whatever the proper term).

I'm all for Apple losing when they're in the wrong--and sometimes they are. But even if the letter of the law somehow makes Apple wrong this time, it's still a disreputable and needless act of Tiger Direct.

I just hope this doesn't keep Tiger out of my hands one hour longer than needed, or Tiger Direct will get my negative word of mouth for a long, long time...

[Freg3000]

This day could not get any more...worse...frustrating...I don't know.

Tiger Direct, please, what are you trying to pull. This is pathetic. You've known Apple was going with the Tiger moniker for almost a year now. Either you are stupid for not knowing until today, or stupid for thinking you could extort Apple for some money.

And I still don't have my Tiger. It's still preparing...

[iGary]

Originally Posted by Freg3000

This day could not get any more...worse...frustrating...I don't know.

Tiger Direct, please, what are you trying to pull. This is pathetic. You've known Apple was going with the Tiger moniker for almost a year now. Either you are stupid for not knowing until today, or stupid for thinking you could extort Apple for some money.

And I still don't have my Tiger. It's still preparing...

Get in line.

I figure we're getting shafted. And I order seconds after the announcement.

[Freg3000]

Originally Posted by iGary

Get in line.

I figure we're getting shafted. And I order seconds after the announcement.

Most likely. Maybe if they still say "will ship on or before 4/28" past midnight I'll sue them for...lying.

I'd probably have a stronger case than TigerDirect though eh?

Keep me updated on your status iGary. Good Luck.

[nagromme]

BTW this is from AppleInsider. At least, that's the only site I know that has it.

http://www.appleinsider.com/article.php?id=1039

As macnut222 there pointed out, Apple won a much TOUGHER call than this before: "Mac OS 9" vs. "OS 9." At least that time, OS 9 was an actual operating system.

He also linked to Apple's Tiger trademark, which now notes Tiger Direct's objection:

http://tarr.uspto.gov/servlet/tarr?r...entry=78269988

[bbarnhart]

This seems a little bogus. I saw a blurb on bloomberg.com site, but there has nothing else in the news about this. Those other mac sites are just reporting on what is on bloomburg. Maybe there will be more tomorrow.

[marmotte]

Originally Posted by nagromme

So... assuming all this is true... what "mistakes" are these that consumers are making and hurting Tiger Direct, exactly? What "deception" is leading people to buy less from Tiger Direct?

Do they honestly think that someone who wants to shop at Tiger Direct is going to do a Google search, find Mac OS X 10.4 Tiger instead, and end up buying that from Apple instead of what they were originally wanting from Tiger Direct???

Of course not. They just see a chance to try for some money from a prominent company.
.

I completely agree. This is nothing more than extortion to get the coverage and piggy-back on the good press Apple is getting.

In addition where are environmental associations such as the WWWF for example? The top results in Google and other search engines should only be about the species and not some stupid trademarks. (which it is, by the way: top results on Google are for the animal).

And what about Tiger Woods? Shouldn't he be upset?

That's the risk you take when you choose a common name for your company or business. Those names just cannot be and should not be reserved to a few.

MM

[pubwvj]

I just Googled on "Tiger". Tiger Direct appeared above Apple. Tiger Direct doesn't have a paw to stand on.