Tiger Direct issues press release regarding lawsuit against Apple over ‘Tiger’ name

The full press release, unedited, reads:

Leading Online Retailer Claims Apple Violated Trademarks; Tiger Direct Requests Temporary Restraining Order and Injunction

MIAMI–(BUSINESS WIRE)–April 28, 2005–Tiger Direct, Inc. – http://www.tigerdirect.com – , a Top-10 US eCommerce site, today filed a lawsuit against Apple Computer in the United States District Court for the District of Florida. The suit alleges Apple Computer engaged in trademark infringement and unfair trade practices in connection with its recent marketing campaign for the latest version of its “MAC OS X” operating system — which Apple has named “Tiger.” As a result of the perceived confusion between the products now being marketed by Apple under the “Tiger” brand, Tiger Direct has asked for a temporary restraining order and injunction against Apple Computer to stop further damage to Tiger Direct’s well-known Tiger brand.

The lawsuit focuses on the pending release of Apple’s OS X 10.4 “Tiger” operating system. Apple has been running a sizeable multi-media marketing campaign, promoting the OS X 10.4 “Tiger” operating system since about April 12, 2005. The promotions refer to “Tiger Essentials,” Tiger Unleashed,” “Tiger World Premiere” and “X Days until Tiger,” and direct consumers to a “Tiger Center” that features products from manufacturers and product categories which are basically the same as the offerings by Tiger Direct. A preliminary injunction hearing has been scheduled for Tuesday, May 3, 2005.

Since the company’s inception in the late 1980’s, Tiger Direct and TigerSoftware catalogs and direct-mail pieces were sent to tens of millions of PC and MAC users. TigerDirect.com, the flagship website of TigerDirect, promotes Apple products among over 30,000 other items that it sells. In addition to the TigerDirect.com website, Tiger Direct markets through a monthly catalog with circulation of over 2 million and invests heavily on branding and direct response advertising across the world wide web.

Tiger Direct has been a quickly-growing online retailer, has been an Alexa top-300 website for several years, as well as a Top-10 eCommerce site (Nielsen Net Ratings) and a site consistently listed as “longest-visited” – exceeding a 15 minute average visit length.

About Tiger Direct, Inc.

Tiger Direct, Inc., a subsidiary of Systemax Inc. (NYSE:SYX), was established in 1987 to serve the needs of both personal & business computer users, selling via catalog, Internet and retail channels. Tiger Direct is one of the industry’s leading multi-channel retailers of computer products, components and accessories. Based in Miami, Florida, Tiger Direct is part of a group of branded e-commerce web sites, direct mail catalogs, and relationship marketing selling name-brand PC hardware, related computer products, and industrial products, to businesses in North America and Europe.

MacDailyNews Take: This isn’t going to delay Tiger for 18+ months. If this is the best they can do…

Oh, BTW, we tried to find Apple over at TigerDirect.com, by using their “Shop By Brand” link, but we see nothing from Apple on the site, just a couple of “Apple iPod by HP” units. Looks like quite a few of their “partners” do have quite a lot invested in the continued “success” of Windows, though: http://www.tigerdirect.com/applications/partners/index.asp

We think we’ll just sit back and have a couple of beers, lah!

Related MacDailyNews articles:
Apple sued over ‘Tiger’ trademark, injunction sought could prevent launch – April 28, 2005

88 Comments

  1. THIS is the real meat of the lawsuit…if you wanna call it real or meat.

    “…and direct consumers to a “Tiger Center” that features products from manufacturers and product categories which are basically the same as the offerings by Tiger Direct.”

    Apple willl remove that from its promotions and the sun will rise again in the morning.

  2. “TigerDirect.com, the flagship website of TigerDirect, promotes Apple products among over 30,000 other items that it sells.”

    —CORRECTION—
    TigerDirect.com, the flagship website of TigerDirect, USED to promote Apple products…

  3. This is the very first time I have ever heard of this company. I’ve been an active buyer of computers since before 1987. But anyway, Apple is releasing an operating system, not setting up a catalog business or online gadget shop. Apple has had this name for a while now, keeping with the big cat name. Why didn’t they pursue this matter long before people planned an upgrade? I should sue them for causing my business lost productivity b/c they interfered with the installation of my operating system.

    I’ve never shopped there in the past, and now I know for sure that I will NEVER shop there ever. This is just underhanded and wrong. People never cease to amaze me at the lengths by which they get publicity.

    Just plain dumb.

  4. I love America’s innovation and can-do spirit.

    I hate America’s litigious overkill.

    “The first thing we do, let’s kill all the lawyers.”–Wm. Shakespeare

  5. This Tiger’s got no bite.

    “Hey, mommy — what’s that over there?”

    “Why Timmy . . . that’s a tired old toothless tiger. Looks as though he’s all worn out, doesn’t it?”

    “Yah. What do you think happened to him, mommy?”

    “Well, Timmy, it seems like he might’ve come up against a much younger and healthier tiger — you know, one with more energy and strong, sharp teeth!”

    “Ohhhh, I see. Hey mommy — I feel sorry for him. Can I pet him?”

    “Sure . . . but be careful, Timmy. The stupidity rubs off.”

  6. Its not America or American that are litigous but rather American corporations. Tha’s right kiddies, the ones most likely to be found in court are corporations suing other corporations. Now lets get rid of the peoples right to class action!!

  7. This is the most blatant publicity stunt ever. This injuction is submitted THE DAY BEFORE Tiger is released… Apple has been advertising Tiger way before April 2005, TigerDirect definitely knew this was coming and decided not to say anything to Apple. I’ve never heard of TigerDirect either, I will never buy anything from them, and will tell anyone I ever hear of buying something from them to go find another store. Cheap, cheap stunt.

  8. I have to say that I have received several catalogs from this company. I will be happy to put it in the litter box with June (my Bengal Cat) and let her treat them like they deserve.

    Their actions have hurt them much more than Apple’s campaign could have.

    Boycott TigerDirect if you want to, I think I will.

    ~M

  9. I bought a UPS from TigerDirect via Amazon the other day. I never had done business with TD in the past or ever visited their website. There was nothing on their website which even remotely resembled Apple’s Tiger promotional graphics.

    THE only reason I bought from Tiger was because Amazon sent me there. The only confusion I experienced was that after the purchase (which had separate billing and shipping addresses), the transfer of data had the same shipping and billing addresses.

    Other than that, I made no association between TD and OS X 10.4.

    Gee, I wonder how many PC users will buy OS X 10.4 accidentally from Apple’s website?….

  10. The hand of Redmond is upon them!

    They were so concerned about their company that they waited till the last minute to file this lawsuit. Yep, I detect a Western influence here, and I’m not talking cowboy boots!

    Tiger is a temporary name given to a tempory product that will be around for only a year or so. TigerDirect will go on selling millions of dollars of computer products long after Apple’s Tiger is gone.

    There is only one company that really fears the popularity of Tiger and we all know who that is.

Reader Feedback

This site uses Akismet to reduce spam. Learn how your comment data is processed.