“Apple Computer Inc., maker of iPod digital-music players and Macintosh computers, was sued by Tiger Direct Inc. for allegedly infringing its trademark with the new ‘Tiger’ Mac software package scheduled for release tomorrow. ‘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,” Bloomberg News reports.
Full article here.
AppleInsider reports, “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. If the court grants Tiger Direct’s request for an injunction, Apple’s rollout of Tiger could be stopped.”
Full article here.
MacDailyNews Take: Apple first officially announced the use of the name “Tiger” for Mac OS X 10.4 in a press release on May 4, 2004. AppleInsider reports that the lawsuit was filed today in federal court in Miami.
In somewhat related news, the University of Texas today sued Microsoft for turning the name “Longhorn” into a laughingstock. Now, that would actually make some sense.
Related MacDailyNews articles:
Tiger Direct issues press release regarding lawsuit against Apple over ‘Tiger’ name – April 28, 2005
The world is going to hell
You got to be kidding…..Lawyers………
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WTF
Gee, why not wait until the last minute? They’ve only had a year to figure this one out.
FSCK YOU Tiger (mis)direct INC.
Magic word “Bring” as in BRING IT Beeoch!
No confusion here. Most who know TigerDirect is merely a computer supply warehouse won’t be confused. “TigerDirect” is their trademark. I think this company is simply trying to latch onto the publicity MacOS X “Tiger” is generating. Some lawyers just want to get paid. That’s all.
This injunction will only prolong the publicity, and distract the search engines away from Tiger Direct for even longer…
get calling their switchboard and tell em what u think of them.. I have already…..
I live in Miami. Is picketing fun?
Tiger Direct waits till now to bring on a lawsuit? Hmmm… something smells really fishy around here!
Absolutely disgusting and shameful.
MW: “Children”. Go figure.
I’m not sure what they’re talking about…I just did a search for Tiger direct in Yahoo and Google. First page search results were nothing but Tigerdirect.com links for computer merchandise…
No confusion here?
Don’t really know what kind of yarn/tale the lawyers spinning…must be a M.S. plant?
When I searched google for “tiger”, Tiger direct was still in the 2nd space, ahead of Mac OS Tiger. Publicity obviously.
Not going to hold water. An extortion attempt.
Morons.
TigerDirect.Com Corporate Offices
(305) 415-2200
7795 W Flagler St
Miami, FL 33144
I am a Bengal Tiger and no one can find my homepage because of Apple, me and my family are going to sue.
Ah yes, a Wintel reseller maybe? Smells a Microfuck coup…
What a bunch of losers. Internet search rankings???
Maybe I’ll name a company called JessicaSimpson Direct, and then sue Jessica Simpson because my company isn’t at the top of the search engine list.
Grow up, TigerDirect!
The courts will throw this frivolous suit out on its ass . . . primarily because TigerDirect has a responsibility to object to Apple’s so-called infringement immediately upon discovery thereof. That would be in May of last year, which, obviously, did not happen. They have not been diligent in mitigating the alleged “damages” here, so they will lose their suit with prejudice.
Also, unless Apple has somehow stepped on TD’s graphics and trademark packaging, they have committed no crime by employing a recognized, traditionally spelled word from the English language. No one, NO ONE owns the word “Tiger.” Its graphic embedding, perhaps, but not the word itself!
Screw TigerDirect and the paws they walked in on!
Funny, when I google “Tiger”, TigerDirect comes up second, just behind 5Tigers, a conservation organisation. Apple OS X is a couple of places lower down. Will Tiger Direct also sue the US Census Bureau to stop their use of the term “Tiger Map Server”. Or Tiger Airlines? Or Tiger Woods?
Just a bunch of publicity hungry wankers. It’s going to be hard to stop the launch; pre-orders are already in the mail.
“Smells a Microfuck coup…”
It wouldn’t surprise me. MS is more than a little scared of Tiger. When your biggest cheerleader writes things like: “Longhorn is in complete disarray and in danger of collapsing under its own weight” and others write: “Windows is weak, Longhorn will be cosmetic upgrade; Apple can deliver killer blow to Microsoft”. You’re going to do anything you can to stop it.
It’s too late Microsoft.
http://www.msnbc.msn.com/Default.aspx?id=4052227&p1=0
“…If that’s so, then why is the Mac market share, even after Apple’s recent revival, sputtering at a measly 5 percent? Jobs has a theory about that, too. Once a company devises a great product, he says, it has a monopoly in that realm, and concentrates less on innovation than protecting its turf. “The Mac-user interface was a 10-year monopoly,” says Jobs. “Who ended up running the company? Sales guys. At the critical juncture in the late ’80s, when they should have gone for market share, they went for profits. They made obscene profits for several years. And their products became mediocre. And then their monopoly ended with Windows 95. They behaved like a monopoly, and it came back to bite them, which always happens. A wicked smile cracks the bearded, crinkly Steve Jobs’s visage, and for a moment he could be the playful upstart who shocked the world 20 years ago. ‘Hmm, look who’s running Microsoft now,’ he says, referring to former Procter & Gamble marketer Steve Ballmer. ‘A sales guy!’ The smile gets broader. ‘I wonder …’ he says.”
Steve gets it…(most) Mac users get it…the press is (finally) getting it.
It’s all a matter of time
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Don’t they know that when they try to mess with Apple they also mess with us. I bet their operator circuit board and website overload. Bunch of idjits.
You guys are fucking idiots.
Tiger Direct Sells apple products. They get what thye deserve..Crappled Bitches
Disgusting! TigerDirect sucks. Now they get some promo for free. Guys … pay Apple some money!
My copy arrived today…so the rollout has already begun.
This is probably as good a time as any to let anyone who hasn’t dealt with TigerDirect know that they are the sleaziest, rudest, dishonest PC hardware store on the web. I’m not one bit surprised that they would do something as shady as this.
I hope Apple sues them for harassment.
Funny…I search for “tiger” at Dogpile and the top five are:
1. Donate to World Wildlife Fund
Sponsored by: http://www.worldwildlife.org
2. Detroit Tigers Tickets
Sponsored by: http://www.eseats.com
3. 5 TIGERS : The Tiger Information Center
http://www.5tigers.org/
4. Tiger Haven
http://www.tigerhaven.org/
5. Tyan Computer Tiger – Bargain Prices
Sponsored by: http://www.shopzilla.com
Maybe TigerDirect should sic their lawyers on these people instead. I’d love to see the publicity over sueing the World Wildlife Fund!
R: I live in Miami. Is picketing fun?
Skip the picketing, and go right to the “angry mob with torches, pitchforks and rake-thingies” stage.
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“My copy arrived today…so the rollout has already begun.”
lucky.
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I’ve got to wait a whole other day…it’s KILLING me!
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Hey FGump, a quick search for Apple on the TigerDirect website shows exactly 2 products, both HP iPods by Apple. Sorry, no Appely goodness to be found at TigerDirect.
By the way, don’t the search engine ratings only change slightly less frequently than the Amazon Top Ten lists? When a Tiger almost killed Roy I’ll bet they were knocked off the top spot then also. Don’t forget to add Roy to your brand dillution frivolous suite
I just did a Google search on “Tiger” and here are the first three entries returned. So what the hell are they (Tiger Direct) compaining about?
News results for Tiger – View today’s top stories
Is Apple’s Tiger a Kitten? – Red Herring – 1 hour ago
Cisco VPN incompatible with Apple’s ‘Tiger’ – CNET News.com – 3 hours ago
Tiger Server: Open source made easy – MacWorld – 5 hours ago
5 TIGERS : The Tiger Information Center
Dedicated to providing information to help preserve the remaining five subspecies of tigers. News, research, a kid’s section, and a live tiger cub cam feed …
http://www.5tigers.org/ – 15k – Cached – Similar pages
TigerDirect.com – Computer Parts, PC Components, Desktop Computers …
Large stock of components. Also offers great bundles with CPUs already included.
http://www.tigerdirect.com/ – 72k – Apr 26, 2005 – Cached – Similar pages
This is the only way I could find to email them, I’d also recommend calling, and trying to overload their server.
http://www.tigerdirect.com/sectors/help/contactus.asp#email
The suit doesn’t stand the slimest of chances. Tiger Direct doesn’t own the Tiger trademark, nor could it ever. The Detroit Tigers have been around for over 100 years.
What a bunch of imbeciles…
And when the next iteration of OS X comes in a year or so, with yet another project code name, TigerDirect can go back to being an ignored company. Just like the GM G6 will be an ignored vehicle.
Who’s going to sue who on that one?! Besides, what if the Clemson Tigers want to be at the top of a Google search? Can they sue Tiger Direct? I’m pretty sure they’ve been around longer than TigerDirect.
Time to go vent some steam.
apparently, those people at “tiger direct” weren’t quick enough to pounce on the issue or to raise any questions or concerns they had IN THE BEGINNING. yeah, this is F-ed up.
leojsoap,
thanks for the link. I’ve sent my e-mail. If anybody missed leojsoap’s post, here’s the link again:-
http://www.tigerdirect.com/sectors/help/contactus.asp#email
Give those scumbags something to read.
Search “tiger” by Google in Safari
1st: TigerDirect
2nd Apple…
yeah Charko, you seem to be able to go back and submit as many times as you want, so I’ve probably sent them 40-50 emails by now!
MW: total, as in your total emails to this company should at least hit 20
Boy dem Tiger Direct folks will look ridiculous when Apple produces this prior registration:
http://www.census.gov/geo/www/tiger/overview.html
“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. “
Easy answer: Go fuck yourself.
Search results are no basis for infringement suits. Idiots.
Spome suggesting it’s a hoax. Ride the wave, folks…
For what it’s worth, the suit was actually filed on Tuesday, the 26th, according to the court docket. Bloomberg only picked it up today.
I’m a tiger in bed. I growl and lunge and paw and bite (sometimes).
Now, because of Apple’s “Tiger” my boyfriend is distracted and doesn’t know which way to turn. To his Mac or to me.
I’m gonna sue Apple (my boyfriend doesn’t have any money).
Oh, I used to buy from Tiger Direct. I’m not going to buy from Tiger Direct any more. Why? Because of all the confusion over which name shows up in Google? Nope. I’m not buying from Tiger Direct any more because they’re obviously a_s_s_h_o_l_e_s and not deserving of my money.
Spread the word.
Bambi Hambi
That’s funny. I didn’t realize that Tiger Direct was an operating system.
They’re right. I am confused in the marketplace….
I already sent them an e-mail stating that if they did not set aside this unfounded extortion attempt that I was bocotting them and encouraging evry one i know to do the same. We have a TigerDirect store in town and i have shopped there often. I am going to go buy and express my feelings as well.
Every body go to their site and express your feelings about this and let them see that this kind of bad PR is costly.
Time to gogglebomb them and associate them with “opportunistic douche bag”
I have a TigerDirect outlet store near my house. I was planning on buying a cheap video card from them.
Keyword: WAS.
This company will no longer have any business from me or my family. And, I’ll pass the word to my friends as well.
Opps, i mean “opportunistic douche bag“
You guys are all acting like idiots!
Tiger Direct has a trademark on Tiger. All companies protect their trademarks including Apple. They are well within their rights to try and prevent Apple from using the name Tiger. Apple would do the same thing.
Tony the Tiger
Apple Records
Bambi.. a Jethro Tull reference??
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I just wanna say,… Companies like Capcom, Square, always register names before releasing products, Apple is no different, sadly if they checked they would have found that TIGER is not that kind of name you can get a trademark for..
‘OS X Tiger’ maybe..
Can’t believe this would not be checked out ages ago..
Since a Google search shows Tiger Direct near the very top of the results page, I can only conclude that there must be a link to a Redmond, Washington companies legal advisory team. The boys in Redmond are really worried about Apple’s new OS.
Seriously.. look at the banner on MDN.. “Pre-order Mac OS X Tiger” is there any confusion about the Tiger Direct company.. get lost.. seriously.. this is so frivolous..
Actually, Tiger Direct does NOT have a trademark that covers the name “Tiger” in full. There are stipulations as to how a generic name like “tiger” can be trademarked and “owned” by a company. In this case, TigerDirect is skating on very thin ice and is not likely to prevail at any level in the courts. An injunction against Apple selling “Tiger” is likely to fail, too, as that will not fundamentally change the search results back toward Tiger Direct (if anything, it’ll only get worse for Tiger Direct). Regardless, it’s excellent publicity for both Tiger Direct AND Apple.
A search for “Tiger” on the USPTO site (trademarks) lists over 1,750 trademarks for “tiger.” Each has specific details which are protected. Tiger Direct CAN sue Apple for anything they want. Prevailing over Apple with a nefarious claim such as listed in their press release is doubtful.
The only winners in this will be lawyers. I say lawyers should be treated like frogs in Germany. Have the birds peck out their livers. Then watch as the frogs swell up and explode. That’d be worth watching.
Bambi again…
Okay.. not so fast everyone.. I just read Tiger’s court memo, and they make some good points:
1) Apple only announced the April 29th launch date publicly on April 12, 2005. That’s critical in asking “Why only now?” — there was nothing imminent prior to that.
2) Apple tried registering “Tiger” as a trademark (with intent-to-use) in July 2003, but was denied b/c of possible confusion. Apple won the Tiger trademark by agreeing to limit its use to computer operating software.
3) Tiger attempted to settle, and then filed an opposition to Apple’s mark in December 2004.
4) Tiger has six registered marks, and several other common-law marks.
Much of this wouldn’t matter (IMHO) if Apple wasn’t a reseller itself. But since they do sell many of the same products as TigerDirect, there is a beef. Tiger makes a good case that Apple is using the Tiger mark to venture into other sales areas than just operating systems, and that that can affect Tiger’s revenues.
Personally, I don’t think this passes the “likelihood of confusion” test, but that’s for a court to decide. If I were in TigerDirect’s shoes, I’d similarly be upset.
Greg,
Then why did they wait till just a few days ago for this lawsuit? This sounds like a last minute decision influenced by a group of individuals with alot more to lose than a lower place on a Google search.
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“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. “
Whatever, web ratings amount to squat. Unless they can show REAL dollar amount damages because of sales lost to Apple they don’t have a leg to stand on.
“Tiger Direct has a trademark on Tiger. All companies protect their trademarks including Apple. They are well within their rights to try and prevent Apple from using the name Tiger. Apple would do the same thing.”
Actually, the only trademark associated with tiger is owned by the US Census, for TIGER, its an acronym for their mapping data software. Tiger is too generic a term to be trademarked alone.
Lawyerguy:
Apple won the Tiger trademark by agreeing to limit its use to computer operating software.
—
Great. Are we done here?
By the way, they announced H1 2005 aaaaages ago.. okay.. TigerDirect and everyone knew it was coming.. the software doesn’t have to be ON SALE for you to file a lawsuit, does it? I mean.. if they’re in it for a legitimate reason (pffft) and not just a cash grab (chuckle) then why not hit up Apple and force them to change the name..
Apple is allowed to use it as an OS name.. where have they broken this?
Howlin’ at the Twits: HAHAHA GOOD LINK!
Mike:
The problem as TigerDirect sees it is that Apple is using the Tiger mark more broadly that it is entitled, to expand the base of hardware (not OS) sales. Here’s a quote from their court memorandum:
“Apple Computer’s use of its infringing family of Tiger marks to expand sales of products besides its operating system software is already evident — for example, Apple Computer is offering free iPods and laptops as part of its Tiger World Premiere giveaway. In short, notwithstanding its representation to the PTO that it would only use Tiger in connection with their unique computer operating system software, Apple Computer has in recent weeks used a family of Tiger marks in connection wiht a substantially broader group of products and services, including the very products and services currently offered by Tiger Direct under its famous family of Tiger marks.”
And one of the things they are asking for is precisely as you suggest — for Apple to stop using the Tiger name.
Tiger or OSX 10.4 Tiger has no relation to Tiger Direct catalog. How do they expect to win this case? Apple has no intension of re-directing there business there way with the name Tiger. I seriously doubt the judge would consider such a motion. If so the box is not labeled Tiger just X so Apple could just market at 10.4 instead.
There is no simularity in logos or anything else for that matter.
Why don’t we throw all of the lawyers into a cage with a bunch of hungry tigers? Who wins then? My guess: the lawyers.
Well that is usa…
Now in florida you can kill anybody you don´t like!
Go amerika!
Mikkisoftan vandaalia tämäkin.
Oufta! Where’s my Tiger Balm?? My muscles ache from laughing so hard!
http://www.tigerbalm.com/
TigerDirect’s a stupid publicity hound. But they’ll drum up even more publicity for Apple, not themselves.
Idiots. I won’t be doing any business with them, that’s for sure.
Well I just looked up Tiger Direct on the web ( http://www.tigerdirect.com/ ) and found they are a software/hardware online computer store. Where as Mac OS X Tiger is an Operating System (for a computer platform that apparently only 2 or 3 percent of the population know about anyway). No way to confuse the two. Nothing to see hear. Move along.
I swear if I can’t get Mac OS X Tiger tomorrow because of these greedy dimwits I will rip their children’s heads off and feed them to my cat Ghandhi.
Nick: More than 2 or 3% of the people in this country know what a Mac is. They have 2 or 3% of the PC market share (which recently went up, if you read some of the tech press).
email me please, tell me wehat you think
peter.amato@tigerdirect.com
Nick: More than 2 or 3% of the people in this country know what a Mac is. They have 2 or 3% of the PC market share (which recently went up, if you read some of the tech press).
—
Bzzzzzt. 15 million people around the world have bought iPods.. Millions of people per week visit Apple Stores.. and the marketshare for Macs in the US is 4%…
Considering Rob Enderle says that 75% of PCs sold are to BUSINESSES.. let’s do a little math here…
What’s the ratio for Macs? well.. jeez.. come on.. you don’t see Macs in the Bank.. let’s say it’s the opposite.. let’s say 25% of Macs sold are to businesses.. it’s a home user-oriented system..
Okay.. so by my calculations, 27% of all computers are sold to ACTUAL PEOPLE, you know.. the people who do stuff like, play with iPhoto and Garageband.. people who play with GAMES.. people who download music from iTunes etc. HUMANS, not bank tellers..
The matrix looks like this:
BUSI HOME
PC 72% 24% — 96%
MAC 1% 3% — 4%
MacShare (1.4%) (11%)
So of the 27%, 3% are Macs.. which makes the Mac HOME marketshare (not installed base, but share, by units shipped) 11.1%
Makes a little more sense…
I’d like to think that an assumption based on Rob Enderle is fair, because if anything he’d try to embellish the PC strengths, not make them look like dumb terminals, right?
Wow it almost sounded like i was disagreeing w you.. *gulp
From: Greg
Apr 28, 05 – 06:06 pm
“You guys are all acting like idiots!
Tiger Direct has a trademark on Tiger. All companies protect their trademarks including Apple. They are well within their rights to try and prevent Apple from using the name Tiger. Apple would do the same thing.”
Well, they only have a trademark on TIGERSYSTEMS in the IC009 category, not “Tiger.”
Schwärzung, marketshare does not equal installed base. Until you can understand such a simple distinction you are hereby barred from using the title “Lord” in front of your name. You must use “Nitwit” instead.
Funny, I Googled Tiger and TigerDirect was the second return. I don’t think they have a leg to stand on. What could they gain by filing so late? My copy of Tiger is already on its way. FedEx has it in their local terminal and it is scheduled to be delivered tomorrow. Apple shipped most of the pre-ordered copies yesterday or the day before.
this is why the e-market is going nowhere fast. Everyone is out for the quick buck, no one really has anything good to contribute
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. They need to be reminded how Tiger Direct works.
tera
—
Tera Patricks
Mac360.com
why don’t they sue; TigerBeer, Tigerbalm, Tiger Airways, Bengal Tiger, Siberian Tiger, Human Tiger, etc etc etc etc etc etc etc etc etc etc etc etc………………………………………………………………………………….
Are we stupid? or are they stupid?
& one more thing, please sue Tiger Woods, for allegedly infringing its trademark.
this is a hoot! This spurious lawsuit will just attract more attention to both Apple’s Tiger and to Tiger Direct. A great advertizing ploy.
any press is good press! in this case for both of them. too baad it makes Tiger Direct people look so stupid.
Tigerdirect directly sucks ass.
Losers.
I wouldn’t have even known of Tigerdirect never mind confused it with anything.
Ok if the commies ban Tiger, all you who manage to do get a copy, be a good kid and share it with the rest of us.
Bandit,
I think that may be the idea. Not many people know of TigerDirect, but a lot of people have heard of osx Tiger.
It’s just free publicity. They rock the boat a bit, they know they probably won’t win the case, no one gets hurt, pay a few court costs and BAM. Anyone who knows anything about OSX Tiger now also know about TigerDirect. Which incidentally, doesn’t sell any Mac products. So all the Mac heads with their new found knowledge of this you beaut software/hardware company are not likely to use the services anyway ’cause they don’t sell Mac stuff. Just goes to show how dumb marketers can be.
Timing a lawsuit just before the product release? Expect to see this thrown out of court. Its called Laches.
WHAT A LOAD OF CRAP!
I havent even heard of this company??
Who the hella re they?
Bill Gates has obviously phoned some of his mates to try and stall Tiger.
So what if internet search results come up with Apples tiger 1st – this law suit is a joke it aint got any legs!
Just another company trying to get some press off Apples Tiger Launch.
My company is called TIGEROUS – I THINK WE WILL NOW SUE TIGER DIRECT as we are NOT in the top 10 searches on the net.
WHAT ALOAD OF CRAP!!
I wonder what day this week Bill Gates called ‘his mate’, the ceo of Tiger Direct, saying “can u help me try and screw up Apple’s launch of Tiger”.
Ummm… Microsoft as usual playing its hand!
Let me get thsi straight:
Tiger Direct are in the pc business BUT they had no idea that Apple was using Tiger as a name for it’s next verson OS??
Where the fuck have they been?
These guys must had had theyre head up their ass for the last 2 years!
There has been so much pre publicity about tiger at IT conferences, web-site etc.
This is total BOLLOCKS.
One guy from Finland said:
Now in florida you can kill anybody you don´t like!
Would you like a free trip to Florida? Maybe someone doesn’t like your mouth. I think It’s disgusting
One guy from Finland:
Maybe they’ll Finnish you in Florida!
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Everyone knows you can’t patent a word like ‘Tiger’ this is not going to hold water, worse than a collondor this case is a siv.
I love how everyone sues apple to get publicity.
Bunch of cry babies.. you cant block progress, get with the program it will be better for you in the long run..
Also every expirence I have had and my friends have had with tigerdirect has been an unpleasant one.. shoddy parts, shoddy service, I wouldnt buy from them evar again.. newegg.com and outpost.com for me
Sure you can register tiger as a trademark relating to computer equipment….. APPLE DID IN JULY 2003! And Tiger Direct who had all the time in the world before hand to register the name chose not to do antyhing until months after Apple filed.
Idiots.. TD is just a joker in the house of cards that microsft built.