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
This is what consumer affairs says about tiger direct
http://www.consumeraffairs.com/computers/tiger_direct.htm
While viewing TigerDirect’s website I see the feature Amazon Imaging as one of their vendors. Which Amazon will sue first?
Just a few prior registrations of the many that Apple’s lawyers can produce:
http://tigertech.com/contact.html
http://www.census.gov/geo/www/tiger/overview.html
both involve software and/or product and services. It would appear that Tiger Direct is about to lose its “trademark” much the same way that Fox News exposed itself in their frivilous lawsuit against Al Franken. Simply put: Tiger Direct has no right to its “trademark” since “Tiger” is in common use (to the point of being merely descriptive or generic) and is already associated with a broad range of technologies and services.
Why am I so much smarter than the imbeciles who practice law for a living?
This is crazy! A quick search at http://www.uspto.gov shows that Tiger Direct doesn’t have a trademark on “tiger” but on “TigerDirect,” “TigerPC.com,” “TigerTV.com,” “TigerSystems,” and “TigerDirect.com.” Apple on the otherhand, applied for the “Tiger” trademark, specifically to use on computer operating system software, on July 2, 2003. The trademark was published for opposition on August 17, 2004. Although it does not show that it has been “awarded.”
Surely this is just a publicity grab to get since Apple is using a similar name.
How much you wanna bet Tiger Direct’s internal memoranda say that you should “Never use the word ‘Tiger’ by itself. Always say ‘Tiger Direct,’ which lessens the chance of the trade name becoming diluted or a generic term.” That, and I’ll bet they trademarked “Tiger Direct,” not “Tiger.”
That said, I do think that Apple’s in trouble with the whole Apple Records thing. I mean, when they were just a computer company, the whole non-compete thing may have had merit, but now they’re selling music. I think Paul and Ringo will be seeing a few million bucks from Mr. Jobs.
just wrote a note to my younger son to remind him to get into law school ASAP!!!!!!!
“Whaaaa. My Google search results are down. Whaaaa.”
“Tiger Direct and TigerSoftware catalogs and direct-mail pieces were sent to tens of millions of PC and MAC users”
Sorry, but isn’t this like, ummm… spam?? If so, they can rot in hell. If not, well, they can rot in hell for pulling such cheap publicity stunt.
Now they complain. Tiger’s only been in the pipeline for the last 18 months or so.
I hope that Steve draws all licenses from this b*sh*t company.
“to stop further damage to Tiger Direct’s well-known Tiger brand.”
Well-known? WTF is Tiger Direct?
They are a little bit too late. Apple(Steve) has been raving about Tiger since the WWDC2004 and NOW that little b*sh*t company sues Apple?
How much is M$ involved?
MOOooo!
Longhorn BBQ at my place this summer at WWDC 2005 in SF!
Well, word on the street is that my copy is being sent to the fed ex depot for tomorrow’s dilivery right now, so either way, i’m getting mine.
And if legally shipments are stopped, don’t worry, I am getting mine. **cocks two semi-auto Uzi’s**
I’ll get yours too. I’ll get everyones! Its time to go Rambo on them! **firing shots into the sky**
Someone needs to launch a DOS strike on these assholes.
Here is the link for TigerDirect customer service
http://www.tigerdirect.com/sectors/help/contactus.asp#email
And here is what I wrote:
I want to let you know I will no longer be placing orders with Tiger Direct upon hearing about the lawsuit placed against Apple. When google searching “Tiger”, TigerDirect was still the number one hit, with Apple being 3-4 hits down. If anything the Tiger operating system will bring a wider audience to TigerDirect. The lawsuit is useless and obviously a publicity tool to feed off the surging popularity of Apple. If it was legit, you would’ve filed last year when Tiger was announced; not the night before it’s release. I will take my business elsewhere as I suspect many mac users will be doing.
What a joke!
When you search for “apple,” they have a hack in place that automatically redirects you to a search for “HP iPod.”
TigerDirect sells NOTHING related to OS X Tiger.
Check out what billy boy is up to now. Maybe he’s short on Longwait programmers… http://www.cnn.com/2005/TECH/biztech/04/27/gates.immigrants.ap/index.html
Administrative Contact, Technical Contact:
Amato, Peterpeter.amato@tigerdirect.com
DO NOT SEND TIGER DIRECT ANY EMAIL!!!
They’ll just add you to a spam list.
Call their main line, if you must, but please stay off their spam list. You will receive spam from them for the rest of your life.
Next: The government will be selling American souls to “outsourcing” agencies in India and China.
As soon as a baby is born, the soul will be shipped overseas and handled by Indian counterparts.
I have an idea: why not outsource politicians and greedy executives to India and China?
so last week I bought my first product from “TigerDirect”..they both arrived in a timely fashion..one item was defective, and I have to admit they immediately took my word for it and sent me another — no charge..Needless to say, I was pleased. — Funny, I was going to send them a nice note, expressing my gratitude, in how they handled my situation..I was also going to mention that coincidentally they use the same name as my favorite operating system….To date, I have yet to leave a comment..but now, I know exactly what to say…F’rs.
i just emailed them this message:
the lawsuit you publicized today against apple computers it the stupidest thing i’ve ever read. i’ve never heard of you before this, and now that i have i wil never shop this site. after i read the initial post on macdailynews.com i googled tigerdirect and this site was the 2nd listing above the listing for apple. enjoy your publicity run. i hope apple turns around and sues you to none existence.
To be clear, TigerDirect registered their opposition to Apple’s trademark on “Tiger” in the IC009 class for “computer operating system software” since August 17, 2004. So this isn’t out of the blue.
And really, as much as this is buzz for TigerDirect, it is also such for Apple. Let them make a big stink and draw as much attention to Tiger as they can. Steals the <strike>thunder</strike> whimper from Microsoft’s <strike>new</strike> ad campaign.
It’s really simple…. tell everyone you know to go to the TIGERDIRECT website and send them an e-mail protesting their stupidity. They’ll get the message from the public that they expect to sell their crappy PC products to……
What Tera wrote to TigerDirect….
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
—
Tera Patricks
Mac360.com