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
PFFFT WAAA?! The Beatles lawsuit rears its ugly head again.. lmfao…
C*nts.
I saw jelly donut stains on the docket. I think Glaser put them up to it.
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.
“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…
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.
I have a friend who used to buy stuff from their catalogs. Overpriced bargain basement PC’s was his excuse as to why he quit purchasing from them
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
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.”
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!!
Just a way for Tiger Direct to get noticed. It’ll blow ovr quickly and get press and activity for both companies. Any press is good press kind of thing.
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.
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
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?….
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.
Wander on over to Tiger Direct’s contact page and enter in your email to voice your displeasure with their frivolous lawsuit:
http://www.tigerdirect.com/sectors/Help/contactus.asp
A hearing has been scheduled for Tuesday. By then there will be tens of thousands of Tigers out in the wild.
Question…
Do they serve TIGER BEER while flying on TIGER AIRWAYS (http://www.tigerairways.com/), while they carry my TIGER WOODS clubs in the hold?
Can I read my TIGER MAGAZINE (http://www.tigermagazine.org/) while I put some TIGER BALM on my chapped skin. Can I purchase the TIGER BALM at GIANT TIGER STORES?
I’ll do all that while reading the TIGER NEWS. (http://www.thetigernews.com/)
AND… considering that Apple has broadcast the name “TIGER” for it’s new operating system for about a year now – why did Tiger Direct leave the lawsuit this long? Surely, that was to make Apple incur more damages, eh?
NICE TRY TIGER DIRECT —- Idiots!
For those of you who are fortunate enough not to have purchased something from ‘TigerDirect’ consider yourself very lucky. A close relative of mine worked for them and the stories he used to tell me of how the company treats its employees and customers, leads me to conclude that the owners (and their lawyers) are just hoping for a big “pay day” by sueing Apple. There are websites all over the ‘Net of ripped off customers warning against doing any form of business with these jokers.
I cannot believe these bottom feeders are saying they own the rights to the word ‘Tiger’. So if my favorite golfer decides to endorse some new electronics gadget, these degenerates will want to bleed him?
I hope Steve and Co. go after them with a vengence. That would send a message to all these slimeballs that sit around hoping to make money off someone elses innovation, investment and risk.
Cheers!
Has anyone clicked MDN’s “a couple of beers” link, yet?
LOL. Very clever!
DON’T SHOP AT TIGER DIRECT!!!
Simple solution.
This just in — the Detroit Tigers, Tiger Woods, Tiger Airways, a bengal tiger, Tony the Tiger, movie director Tiger da Silva and the Chinese lunar year February 1997 to January 1998 (the year of the tiger) have all asked Tiger Direct to go away.
Film at 11.
What a bunch of a**holes. I do trademark law. There is no violation here and even if there were a violation they should have gotten an injunction months ago. Kind of hard to argue the need for an emergency temporary injunction when you’ve known this was coming for months.
There should be Rule 11 sanctions just to spite them.
One other thing — this all reminds me of the days leading up to the kick-off of the cable network, Spike TV.
They’d launched a huge PR campaign to attract attention to themselves and just before they were about to go live, director Spike Lee filed suit against them. Said something about how the name, “Spike,” was closely associated with him, his image, etc.
He succeeded in mucking things up for the network and they ended up buying him off.
Whatta country….
Do they really expect a judge to act on this like this afternoon or something? 10.4 is releasing tomorrow and no judge or court will even look at this case for at least a month. Then he is going to laugh in there face and say that’s just to bad. Your in business so deal with it. Tiger the OS has nothing to do with a catalog firm especially one that doesn’t even sell Macs.