“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
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.
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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).
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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.”