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Apple Sued over Tiger, Injunction Sought

An anonymous reader writes "Online retailer Tiger Direct has reportedly sued Apple over the use of the Tiger name just one day before the Mac maker is scheduled to roll-out its next-generation Mac OS X 10.4 'Tiger' operating system, according to an article at AppleInsider. TigerDirect, which owns trademarks on the names Tiger, TigerDirect and TigerSoftware, has requested an injunction that could prevent Friday's launch of the Tiger OS. Tiger Direct is also seeking damages and legal fees. '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." While the suit may have some merit, it is odd for them to wait until now to try and halt such a heralded product.

49 of 1,075 comments (clear)

  1. follow the money trail by coloneyb · · Score: 2, Informative

    just a money grab probably hoping that apple will settle out of court for a few bucks

  2. Re:Why did they wait so long? by man_ls · · Score: 5, Informative

    Trademarks are applied in specific domains. Tiger, as used by your local zoo, is not the same Tiger as the computer companies are using, or as a textile company, or a shipping company, or an airline, would use, despite them being spelled the same way.

  3. Re:Cumupins by JenovaSynthesis · · Score: 2, Informative

    Actually, you'd be hearing from the Beatles first since their oversight corporation actually owns the trademark for Apple.

    Steve Jobs' Apple got to keep the name because they were allowed to.

    --
    Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
  4. Re:Tigger by macdaddy357 · · Score: 4, Informative

    And they don't even own Tigger! A.A. Milne's estate does, but this won't stop those assholes at Disney.

    --
    How ya like dat?
  5. Re:Time... by rworne · · Score: 2, Informative

    Funny yes. Tiger must have known about this for a while, since searching for "tiger" on their website yields 4 Powermac systems with (you guessed it) Tiger! ...with an additional 5% markup on the Macs over MSRP.

    I wonder if Systemax is getting sued. They are selling:

    Systemax(TM) Tiger
    AMD Sempron(TM) 2800+ / Microsoft® Windows® XP Home / 256MB DDR / 40GB HDD / DVD±RW Dual-Layer / Desktop PC

    and have the nerve to sell it on Tiger Direct's website.

    --
    I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
  6. Re:Are they kidding? by Kaimelar · · Score: 5, Informative
    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....

    So does that mean they plan on taking on some non-profit who appears above them on google, because hey everyone knows I might get confused while searching for "tiger" instead of "tigerdirect" (which shows them ranked first btw).

    http://www.google.com/search?q=tiger:

    1. http://www.5tigers.org/ -- group dedicated to the animal
    2. http://www.tigerdirect.com/ -- company suing over trademark due to loss of rank on search engines
    3. http://www.tigerhaven.org/ -- more animal people
    4. http://www.apple.com/macosx/ -- Apple's new version of OS X
    5. http://www.apple.com/macosx/tiger -- Apple's new version of OS X

    What are they complaining about, again? And why did they wait so late to file this complaint? We've known the name of this version of OS X for how long now?

  7. Re:Money grab by Clinoti · · Score: 5, Informative
    Not necessarily the case, and from what I know of trademark laws there has to be more to the story than what we are seeing here.

    For those in the know companies spend hundreds of thousands on trademark research with companies such as Namprotect and Thomson and Thomson who make millions from clients who research Trademarks, Service Marks, and Copyrights years (sometimes minutes) before they even plan on utilizing the mark. So that they can avoid situations like this.

    Now who really wants to bet that Apple did not do their due diligence by using a trademark research firm?

    --

    Let's keep in mind that patents are in place to keep lawyers employed and keep them litigating. -CatGrep

  8. They do???? by Holi · · Score: 5, Informative

    According to a search on USPTO.gov using Tiger Direct on the owner name as my search parameters I don't see them having a trade mark on Tiger.

    They have 11 entries almost al with the word Tiger in them but not the word Tiger alone. In fact all of their trademarks with tiger in them are one word entries.
    XCONNECT
    TIGERPC.COM
    TIGERTV.COM
    TIGE RSYSTEMS
    TIGERDIRECT
    TIGERDIRECT
    TIGERDIRECT.CO M
    there are all the live trademarks.

    See for your self.

    --
    Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    1. Re:They do???? by Anonymous Coward · · Score: 2, Informative
      Hell, Apple even has a trademark for "Tiger"

      http://www.apple.com/legal/trademark/appletmlist.h tml

    2. Re:They do???? by All+Names+Have+Been · · Score: 5, Informative

      Check out the listings for Systemax, the parent company of TigerDirect. They own a "Tiger" trademark.

  9. Re:Money grab by Raindance · · Score: 4, Informative

    True. However, in fact TigerDirect does not own the trademark to Tiger-- Apple does.

    Now, TigerDirect is challenging that at the trademark office, but Apple is the current owner. So I do think TigerDirect is in the wrong here for assuming certain rights that are in fact pursuant to the outcome of a pending appeal (which I personally don't believe will be found valid).

    So I'd stand by my assessment of this as a meritless money-grab.

  10. contact tiger direct by blackest_k · · Score: 3, Informative

    http://www.tigerdirect.com/sectors/help/contactus. asp
    feel free to give them feed back, you know they deserve it ;)

  11. Re:Understanding Mac numbers by Ucklak · · Score: 2, Informative

    No, No, No.

    It's like
    Win95(4.00.950) to
    Win95a(4.00.950 A) to
    Win95b(4.00.950 B) to
    Win95c(4.00.950 C) to
    Win98(4.10.1998) to
    Win98SE(4.10.2222A) to
    WinME(4.90.3000).

    Or

    WinNT(3.51.1057) to
    WinNT(4.00.1381) to
    Win2000(5.00.2195) to
    WinXP(5.1.2600) - (Mind you that there are many editions of this one, Home, Pro, MC each costing seperateley) to
    WinForever(Longhorn)

    --
    if you steal from one source, that is plagiarism, if you steal from many, well, that's just research.
  12. Re:just like the Windows lawsuit by sqlrob · · Score: 2, Informative

    MS paid Lindows the $20M to change. They knew they'd lose.

  13. Re:pre-emptive lawsuit by gregmac · · Score: 4, Informative

    I'm curious as to what exactly they're complaining about?

    Searching on google and yahoo for "tiger direct", "tiger computers", "tiger computer", "tiger" and various other incarnations all show Tigerdirect.com and often tigerdirect.ca in the top 3 (with the exception of "tiger" on yahoo).

    What exactly are people searching for that yield different results than these? Do they market themselves as "tiger" at all? I've only ever seen references to "TigerDirect" and I've never seen it refered to as "tiger" before. I'm in Canada (and I've bought stuff from them before) so maybe it's different in the US, but.. I don't see why this affects them so much.

    --
    Speak before you think
  14. Re:Specific domain? Tell that to the WWF. by mAineAc · · Score: 2, Informative

    WWF is an acronym not a common word. That lawsuit has no commonality with this issue.

  15. Re:pre-emptive lawsuit by killjoe · · Score: 5, Informative

    I just typed tiger into google. The first link is about the animal, the second link is for tigerdirect, the third link is about the animal and the fourth is for apple.

    I don't see what they are bitching about, they are the second link on google above apple.

    --
    evil is as evil does
  16. Common names by Anonymous Coward · · Score: 1, Informative

    If you pick a common name like tiger, don't be surprised if others use it in different contexts.

    If you want total protection, make up a name that is not in use (as a common dictionary word!) and you will get stronger protection for it.

    Lots of folks are saying Tiger Direct is in the right here. I don't agree. Tiger is a common word to start with, so trademark protection should be weaker. Apple has a trademark on Tiger in this domain, so injunction seems a bit premature.

    I for one plan on linking to Apple site with the word Tiger in my link, as follows:

    Tiger http://www.apple.com/macosx/

  17. Re:Are they kidding? by misterlump77 · · Score: 2, Informative

    "...has adversely affected its ranking amongst the Internet's largest search engines..."

    A statement totally without any merit. In fact the reality proves otherwise.

    A quick search result analysis for the query term 'tiger':

    TigerDirect Tiger MacOS
    1. Google 2 3
    2. Yahoo! >100 1
    3. MSN >100 6

    So, on Google, they're ahead of Apple. On Yahoo! and MSN they aren't even in the first 100 results, so how could Apple have been responsible. Might as well sue Tiger Woods also.

  18. Re:pre-emptive lawsuit by loraksus · · Score: 5, Informative

    Based on BBB files, this company has an unsatisfactory record with the Bureau due to a pattern of complaints and unanswered complaints.

    Specifically our files show a pattern of complaints alleging dissatisfaction with product quality, failure to deliver promised goods, service issues, misrepresentation in advertising and marketing practices and the failure to address and overcome the basic cause of complaints brought to their attention by the Better Business Bureau.

    Complaints allege customers are led to believe they are buying new, Brand Name computer systems, parts and other products with either a 90-day, or 1 year warranty. Complainants allege they are receiving generic, defective and refurbished items and only a 30-day warranty with the option to purchase the 1-year warranty. Customers who purchase the warranty also experience difficulty in getting return phone calls to get the problems fixed or replaced. Customer are told they may return the items for replacement, but they will need to pay again for the replacement and will credited back when the item is returned and received by the company.

    Some of the complaints have issues with the advertised rebate, both the catalog and web site have numerous offers for items with a mail-in rebate. Upon receiving the products the rebate application is not included in the package. Customers are told the rebate application is on the website and customers are required to comply with the program and submit paperwork that they never received. Many are denied because the product they have purchased does not have the advertised rebate, the rebate has expired, and some rebates are only good if the item is purchased with a computer. Many customers feel they have been victims of bait and switch, and are unable to return the products because the package has been open. Customers who have contacted customer service with concerns have problem with getting return calls, emails, and experience unresponsiveness and unconcerned customer service staff.

    --
    1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
  19. PSA: "unsatisfactory record" w/Better Busn. Bureau by Anonymous Coward · · Score: 3, Informative

    TIGER DIRECT, INC.

    Customer Experience

    Based on BBB files, this company has an unsatisfactory record with the Bureau due to a pattern of complaints and unanswered complaints.

    Specifically our files show a pattern of complaints alleging dissatisfaction with product quality, failure to deliver promised goods, service issues, misrepresentation in advertising and marketing practices and the failure to address and overcome the basic cause of complaints brought to their attention by the Better Business Bureau.

    Complaints allege customers are led to believe they are buying new, Brand Name computer systems, parts and other products with either a 90-day, or 1 year warranty. Complainants allege they are receiving generic, defective and refurbished items and only a 30-day warranty with the option to purchase the 1-year warranty. Customers who purchase the warranty also experience difficulty in getting return phone calls to get the problems fixed or replaced. Customer are told they may return the items for replacement, but they will need to pay again for the replacement and will credited back when the item is returned and received by the company.

    Some of the complaints have issues with the advertised rebate, both the catalog and web site have numerous offers for items with a mail-in rebate. Upon receiving the products the rebate application is not included in the package. Customers are told the rebate application is on the website and customers are required to comply with the program and submit paperwork that they never received. Many are denied because the product they have purchased does not have the advertised rebate, the rebate has expired, and some rebates are only good if the item is purchased with a computer. Many customers feel they have been victims of bait and switch, and are unable to return the products because the package has been open. Customers who have contacted customer service with concerns have problem with getting return calls, emails, and experience unresponsiveness and unconcerned customer service staff. However, the company has responded to most complaints presented by the Bureau.

    Licensing Information

    This company is in an industry that may require licensing, bonding or registration in order to lawfully do business. The Bureau encourages you to check with the appropriate agency to be certain any requirements are currently being met.

    Additional Business Names

    ASSEENONTVPC
    Systemax, Inc.
    TigerDirect.com.

    Additional Telephone Numbers

    (305) 415-2200
    (305) 415-2201
    (305) 415-2295
    (800) 269-8709
    (800) 349-8133
    (800) 364-9483
    (800) 677-2562
    (800) 678-0198
    (800) 800-8300
    (800) 879-1597
    (800) 888-4437
    (800) 888-6111
    (800) 897-0021
    (800) 955-1888
    (888) 333-8200
    (888) 335-4062
    (888) 776-8382
    (888) 872-7274
    (888) 999-3600.

    Additional Addresses

    7795 W. Flagler St Suite 35, Miami, FL 33144

    Corporate Sales Dept. 1100 Perimeter W Suite 118, Morrisville, NC 27560

    Warehouse 175 Ambassador Dr., Naperville, IL 60540.

    Company Management

    Carl Fiorentino, President
    Gilbert Fiorentino, CEO
    Joseph Dunne, CFO
    Richard Wallet, Executive Vice President
    Tony Jones, Vice President Call Center Op.
    Rosemary Lindsay, Customer Service Manager
    Kenneth Howard, Customer Service Department.

    Government Actions

    On November 4, 1999, case C3903, the Federal Trade Commission
    issued a Decision & Order against Tiger Direct for violations
    of the Pre-sale Availability Rule, the Disclosure Rule and the
    Warranty Act. Without admitting any wrong doing, Tiger Direct
    agrees to 1) not represent that it provides On-Site Service
    unless all limitations and conditions that apply are disclosed;
    2) fulfill obligations under the warranty within a reasonable
    period of time after receiving notice from the consumer; and
    3) shall cease and desist from failing to make warranty text
    available for examination prior to s

  20. Re:Money grab by Anonymous Coward · · Score: 0, Informative

    Sorry, no.

    In British English (and thus most Commonwealth countries, e.g. Canada and Australia), companies are considered as collectives, thus "companies are" is used.

    http://alt-usage-english.org/excerpts/fxcompan.htm l

    In U.S. English, companies are considered as individuals.

    http://alt-usage-english.org/groupnames.html

    Saying "Apple are in the right" is completely correct. Remember you're on an internationally read forum, not some podunk server with no scope outside the U.S.A.

  21. Re:Understanding Mac numbers by Anonymous Coward · · Score: 2, Informative

    ..kind of a side note, but in the Mac world, is the 10.x to 10.y move like a Service Pack for Windows machine?

    The "10." is superfluous. Ignore it.

    10.1 was Mac OS X version 1
    10.2 was Mac OS X version 2
    etc.

  22. Re:Boycott! Boycott! Boycott! by Anonymous Coward · · Score: 2, Informative

    Well, no, not really. You see, tigers live in Asia. :)

  23. Re:Tigerdirect is cheap for a reason by the_pooh_experience · · Score: 4, Informative

    I (think) have you beat. I bought a desktop from tigerdirect and they never sent a mouse. Customer service was in Canada*, and had no 800 number. So I had to make an out-of-country call, wait on hold for 45 minutes, to get someone to take my number and call me back in the next 48 hours!

    Not only was the computer not near any phone, but the rate they called back was somewhat dissapointing. The computer had these new PS2 mouse jacks and I finally convinced someone to send me a new mouse (conversations usually included them saying "but aren't they pretty inexpensive" and me saying "yes they are. I bought one from you and you should send it to me."). The new mouse was serial (while this would have worked, I wanted what was promised with the system). After spending several weeks working on contacting them again, they sent me an adapter. However the adapter would allow you to plug a ps2 mouse into a serial port. After receiving the phone bill, I finally gave up. My unsatisfied principals has cost me nominally $75 in phone charges, so I have up. What a waste of a company. But I have done everything I can to talk people out of buying from them.

    In hindsight, I guess you were out more money then I was, but at the time, I was very pissed

    *Within a year after that, I read somewhere their customer support finally got an 800 number.
  24. trademark, not copyright by Anonymous Coward · · Score: 2, Informative

    This is important because mere copyright infringement will not result in a large award of damages without extensive proof of the damage incured.

    I would hope a lawyer such as yourself would know the difference between a copyright and a trademark.

  25. Re:Understanding Mac numbers by jht · · Score: 4, Informative

    Here's some equivalents from NT history:

    Windows NT 3.1 - Version 1 (the number was picked to be in sync with the 16-bit Windows)
    Windows NT 3.5 - First real update - added Alpha support
    Windows NT 3.51 - Minor service pack, added PowerPC support
    Windows NT 4 - moved GUI and device drivers into kernel mode for speed, added Win95 GUI. Major upgrade.
    Then came 6 service packs...
    Windows NT 5 - AKA Windows 2000. Not a huge upgrade overall, but added Active Directory.
    Windows NT 5.1 - AKA Windows XP. Other minor improvements, more consumer-oriented features, prettier GUI.

    The equivalent in Mac-land:

    Mac OS (through version 9.2): Older cooperative-multitasking-based systems. 9.2 is still supported under OS X as "Classic", but for more than a year you haven't been able to buy a Mac that would boot 9.x by itself.
    Mac OS X 10.0 - "Cheetah". The first cut at the new version. It was updated with minor service packs a few times, then in fall 2001 it was replaced with:
    Mac OS X 10.1 - "Puma". Really just the equivalent of a Windows service pack, despite the numbering. It was handed out by Apple as a free update CD. They added the DVD player, fixed a lot of bugs, and such.
    Mac OS X 10.2 - "Jaguar". Jaguar was the first version to actually get the "big cat" name made an official part of the product name (the previous names were code names only). Jaguar got updates through 10.2.8, and still is supported with the occasional security update. The biggest change from a GUI perspective was the move to the "brushed metal" look.
    Mac OS X 10.3 = "Panther". Panther was released in October 2003, about a year after Jaguar. As it's been around for a year and a half, it's gotten point updates up to 10.3.9.

    Basically, there's no direct analogue between the two, but the closest thing in Mac land to a Windows-style service pack was the 10.0 to 10.1 update. It was a free CD at the Apple Stores and from resellers (you could buy it for $20 as a shrinkwrapped update kit IIRC). They didn't make it available for download, though.

    Typically, Apple point releases are simply bugfixes and occasional minor feature upgrades (10.3.9 just gave us the new Safari 1.3, which shares most of its guts with Tiger's Safari RSS 2.0), new drivers, etc. But they release them every 2-3 months or so, whereas Microsoft tends to roll a lot more stuff into a service pack, and they release them far less frequently - like every year or two. XP came out in 2001, and they're only on SP2 for it. But Microsoft releases bugfixes and security updates regularly in between service packs - Apple does some of that as well but mostly relies on point releases.

    But to Apple overall, they think of what looks like a "minor" update by the version numbers as a major one, and it usually is in terms of features added and the like. Check out the analysis on Ars to see what all the new goodies really entail.

    --
    -- Josh Turiel
    "2. Do not eat iPod Shuffle."
  26. Re:pre-emptive lawsuit by Anonymous Coward · · Score: 1, Informative

    When I recently purchased two products from Tigerdirect.com, both with rebates, I started going through their processes for claiming my rebate. It was incredibly confusing and I was almost relieved when the products turned out to be the wrong ones because of their idiotic sales staff, and I simply returned them.

    I am almost sure I would have never gotten my rebate.

  27. Re:pre-emptive lawsuit by sequential · · Score: 3, Informative
    First of all, the article posted says TigerDirect owns the trademark on the word "Tiger" and has so for many years

    TigerDirect.com does not own a trademark on the word tiger. A 30 second search at USPTO yields that Tiger Direct, Inc. owns seven trademarks:

    Furthmore, you're stretching the meaning of the phrase "many years". The above trademarks were all registered between November, 2001 and April 2004. They've also abandoned two other trademarks which are now dead. To be fair, they claim to have used some of their trademarks without registering them since January 31, 1993.

    Lastly, Tiger Direct, Inc. is a reseller. Apple, Inc. is a manufacturer. Tiger Direct's trademarks are in the Goods and Services catagory "Mail order services featuring computer hardware and software." On the other hand, Apple, Inc. registered a trademark on the word Tiger which was registered on July 2, 2003 and in the Goods and Services catagory "computer operating system software".

    While Apple may settle, this is not a case with merits. Instead, Tiger Direct, Inc. appears to be gaming the legal system to get free advertising.

    (The links to the USPTO site in this post may expire without warning, though they should not be difficult to reproduce.)

  28. Many people own trademarks for "Tiger" by clickster · · Score: 2, Informative

    Check here:

    http://tess2.uspto.gov/bin/gate.exe?f=searchstr&st ate=ec8td3.1.1

    (sorry for the botched URL)

    type in Tiger and look at all of the people who own "Tiger" for different products. The fact that they're both in the same industry has only mild significance. If TigerDirect sold software CALLED Tiger, then I would see the problem.

    --
    If you mod me down, I shall become less powerful than you could possibly imagine.
  29. Re:This has happened before by SWTP_OS9 · · Score: 2, Informative

    The company is called Microware. OS-9 has been around since the early 1980's. Mostly used in embeded systems, SWTP, SSB and RS Color Computers.

  30. Boycott Tiger Direct. by rice_burners_suck · · Score: 2, Informative
    Heh heh heh... Did anybody here know that SCO bought Tiger Direct over a year ago? (Neither did I.) They've also been scanning through the Darwin source code, and they found thousands of '{' and '}' symbols that are 100% identical to '{' and '}' symbols found in SCO source code. Armed with this undeniable evidence that Apple stole SCO code and misappropriated it into Tiger, a second lawsuit is slated to be launched the day after Tiger is released.

    Give me a break, guys... This is the most ridiculous idea I have ever heard. The operating system is not called Tiger Direct; it's called Tiger. This is a codename for software; the other company is a retailer. Proof that NOBODY SHOULD EVER BUY ANYTHING FROM TIGER DIRECT.

    Tiger Direct is a trash, garbage company. Tiger Direct is evil, vile, and wicked. Tiger Direct probably has an ethics policy that reads, "Screw over the supplier, customer, employee, shareholder, and everybody else as much as possible." Tiger Direct does bad business. Tiger Direct probably commits crimes behind everybody's backs. Tiger Direct. Where do you want to go today?

  31. A little poking about the USPTO... by NimbleSquirrel · · Score: 5, Informative
    A quick search of the USPTO reveals two trademarks:

    Tiger, owned by Systemax Inc. (owners of TigerDirect.com) and first used in 1987, filed in 2000 and registered in 2002. Serial no. 75915934

    and

    Tiger, owned by Apple Computer Inc. Not yet registered, but filed in 2003 with publication for opposition in August 2004. Serial no. 78269988

    While this seems the end for Apple's Tiger, a closer look reveals the important bits. Apple's Tiger has been filed for "computer operating system software", while Systemax's Tiger was registered for "Mail order catalog services featuring computers and computer related products; and Retail store services featuring computers and computer related products."

    They are two very different uses for the trademark. I'm sure Apple's lawyers will pounce on this fact. TigerDirect does not have much of a chance of pulling this one off.

    On top of this, waiting until the day before the product launch was not the best plan for TigerDirect. Apple's tradmark was published for opposition last year. Given all the publicity, TigerDirect's management would definately have known about this long before now. Any decent judge would see TigerDirect's real intentions in filing this late.

    I suspect that TigerDirect's managment are hoping that Apple's lawyers are stupid and will settle immedaitely. If this is the case then I think TigerDirect's management are in for a rude awakening. Steve Jobs will fight this one.

  32. Re:Specific domain? Tell that to the WWF. by paulymer5 · · Score: 2, Informative

    Acronym n.
    A word formed from the initial letters of a name, such as WAC for Women's Army Corps, or by combining initial letters or parts of a series of words, such as radar for radio detecting and ranging.

    World Wrestling Federation -> WWF
    World Wildlife Foundation -> WWF
    World Wrestling Entertainment -> WWE
    Anonymous Coward - AC

    Looks like an acronym to me.

    http://www.answers.com/acronym
    http://www.answers.com/abbreviation

    The GP has a point about the direct commonality of the cases, but the USPTO FAQ supports my uninformed suspicion that "common words" are legal trademarks.

    As a final caveat, a search of USPTO did not turn up TigerDirect's registration of 'Tiger'. For that matter, TigerDirect's page mentions 'TigerDirect', but not 'Tiger'.

  33. Re:So I can start AppleSoftware then? by Mr.+Underbridge · · Score: 4, Informative
    On the contrary, I learned in school long about about trademark. I can no more create a computer company named AppleSoftware, which infringes on the trademark of Apple any more than Apple can create an OS named Tiger than infringes on the TigerSoftware name. They are in the same market. Now, if they were making something called the Tiger Lawn Mower (if something like that didn't already exist), that's a completely different story.

    Glad you covered that in school but that's a bit of an oversimplified perspective. It's a balance between how similar the markets of the two products are, how generic the name is, and possibility of confusion. Here, "computers" in general isn't all that narrow, "Tiger" is a pretty common name, and there's almost no possibility for confusion as one is a computer reseller and the other is an operating system. So there's little case for infringement here. Hell, the Windows vs. Lindows case wasn't open/shut, and there it was two operating systems, a much closer match.

    Maybe Tiger Direct isn't that naive, but is Apple really that naive as well to just go take names?

    You can't own something as generic as "Tiger."

    It is certainly fair play that Apple has to play by the rules. All that imagination for computer design, but they couldn't come up with a more original, and unused, name?

    OK then kid, you find a name less than 15 letters that hasn't been used in some way - any way, according to your logic - with computers. See how ridiculous that gets? That's why trademark protection isn't as broad as you seem to think.

    Guess what, Apple... somebody already thought of it

    No they didn't. They have a computer sales business named Tiger. There's no OS tamed Tiger. 'Til tomorrow.

  34. Re:pre-emptive lawsuit by Queer+Boy · · Score: 2, Informative
    but it's reasonable to argue that if another company in the same sector (computer sales) infringes on a trademark they claim, hurting their search ranking in the process, then they've been injured by trademark infringement.

    Assuming that the method for search engines page ranking remains static, which it does not. I don't think you can base a lawsuit around what another, non-partner, unrelated company will or won't do (the unrelated company being Google). Google doesn't guarantee returning any specific results unless you pay them for ad links.

    --
    Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
  35. USPTO by avicarmi · · Score: 2, Informative

    As far as I can tell, TigerDirect only have trademarks on "tigerdirect" and not on "tiger"

    2694989 IC 035. US 100 101 102. G & S: Mail order services featuring computer hardware and software. FIRST USE: 19930131. FIRST USE IN COMMERCE: 19930131

    2694988 IC 035. US 100 101 102. G & S: Mail order services featuring computer hardware and software. FIRST USE: 19930131. FIRST USE IN COMMERCE: 19930131

    76329993 IC 035. US 100 101 102. G & S: Mail order services featuring computer hardware and software. FIRST USE: 19930131. FIRST USE IN COMMERCE: 19930131

    Apple is attempting to register "tiger" but has opposition to the registration

    serial# 78269988 IC 009. US 021 023 026 036 038. G & S: computer operating system software

    Current Status: An opposition is now pending at the Trademark Trial and Appeal Board.

    --
    -avi
  36. change the name to Butthead Vendor? by goombah99 · · Score: 2, Informative

    Some may recall famous mac operating system that was named "carl Sagan" and then changed to "Butthead astronomer" when Sagan sued for his trademark name. Later it was changed to just "BHA".

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:change the name to Butthead Vendor? by EvilFrog · · Score: 2, Informative

      It wasn't the OS that was code-named "Carl Sagan," it was an early PowerMac model (the 7100).

      Part of what might have upset Carl Sagan about the situation was that the other two models in the series (the 6100 and the 8100) were both given scientific hoaxes as code-names (Piltdown Man and Cold Fusion, respectively).

  37. Re:pre-emptive lawsuit by Anonymous Coward · · Score: 1, Informative

    Depends on how big the turbo is, naturally. The futher away from the axis of rotation the more the force of acceleration.

    Very small turbos may see over 75,000 rpm, bigger turbos (like on big rigs) may not see over 30k or even lower. In general, it's not a good thing for the outside of the compressor to be going over mach speed. Especially since that air has to go though an engine that is most often gas powered, and all that heat isn't good (not to mention the turbulence).

    Most compressors being made of pretty good aluminum, and most turbines being made of inconel 700 series alloy. The hot side of the turbine probably has a housing made of steel (or cast iron) in most turbos... Some more expensive turbos may have stainless steel or inconel housings. The compressor housing usually is aluminum or Al/Mg alloy for more expensive turbos. No rotating steel. It's too heavy for the compressor, and not capable of withstanding high enough temps for the turbine.

    At a certian point the air traveling though the compressor is the main cooling force of the turbo. Not good for many reasons obviously, but that's why we have intercoolers and such.

  38. Re:So I can start AppleSoftware then? by TheHonestTruth · · Score: 2, Informative
    You can't own something as generic as "Tiger."

    Yes, you absolutely can if it pertains to a market where the term is arbitrary or fanciful. Apple can TM Tiger for operating systems, but not for pet stores. If they could, every pet store that sold/advertised "Tigers" would be an infringer. Courts will not allow you to effectively remove a term from the English language that a competitor must use to describe their goods. That is why trademarks are market specific.

    Bringing up another post, this is exactly why Apple can trademark "Apple" for computers because "Apple" when talking about computers (at least when they used and registered it) did not mean anything. It was an arbitrary or fanciful mark. They could not trademark "Apple" if they were using it as a mark for fruit stands.

    -truth

    --

    I had a steady B+ in my AI class until I failed the Turing test...

  39. Re:pre-emptive lawsuit by bluekanoodle · · Score: 2, Informative
    This bit of information from the yahoo profile of Systemax (the parent company of Tigerdirect) is enlightening

    ...Systemax also assembles its own computers, which are sold under the Systemax, Tiger, and Ultra brands...

    So it's more then just the name tigerdirect, it looks like they actively sell systems using the Tiger Brand name

  40. Re:Common nouns by cowscows · · Score: 2, Informative

    It's not quite that simple. First off, when you're granted a trademark, eg. "Windows", it's for a specific area of commerce. MS owns a trademark on the word windows as the name of a piece of software. Apple is still free to talk about windows in their operating system. There are still plenty of companies manufacturing actual, physical glass windows that use that word in their name. Trademarks do serve an important function that's useful to the everyday person, in that it clears up confusion, helps us make choices, and makes it a little more difficult for us to get cheated. If I order an iMac from a website, I can be pretty confident that it's an iMac made by Apple Computer, and not some schmuck in his basement using the same name. And if someone tries to do that, Apple can shut him down. Everyone wins except for the scumbag.

    It's hard to be constantly unique and clever all the time. Especially when you're talking about something like product names. The movie office space sort of spoofed that with company names like Innetech and Intertroad, or whatever it was. The point is, when you end up using nonsense names, they tend to wind up sounding pretty stupid, and basically the same.

    That being said, there's only so many good words out there. Any advertising hack will tell you that you don't want your product name to be too long or complicated. It sounds confusing and makes it harder to make creative advertisements. So common words get used, but there are rules for keeping things organized and as fair as is possible. Some people will always try to bend the rules in their favor, but that's not unique to this issue.

    I don't mind MS using Windows at their OS name. It's easy to remember, and it makes sense. Calling their word processor "Word" is stretching it a little, but there are plenty of other word processors that have "word" in their names. I don't know if MS has ever gone after someone for that, but that is a case that might be more questionable.

    --

    One time I threw a brick at a duck.

  41. Where is "Tiger" trademarked? by ki85squared · · Score: 2, Informative

    It makes me a bit curious why TigerDirect doesn't clearly state that the term/name "Tiger" is trademarked on their legal notice page....

    1. Re:Where is "Tiger" trademarked? by glimt · · Score: 2, Informative

      Interesting, the term TIGER is also trademarked by the US Census Bureau. http://www.census.gov/geo/www/tiger/overview.html

      The TIGER® Trademark
      The Census Bureau has trademarks on a number of our TIGER-related product names*. The purpose of trademarking these terms is so that customers buying products with those names can be confident in identifying the origin (the Census Bureau in this case) of the products (data) being sold. That shouldn't dissuade anyone from creating products using the TIGER/Line data or even citing our original products as the source of all or part of their product. In fact, many of our products are resold or redistributed by others. Vendors take the basic product, add value to it (snazzier interface, more data, etc.) and resell it. Sometimes they just resell exact copies of the data. That's all perfectly legal and we are happy to see the data redistributed and get wider usage.

      The existence of the trademark means, basically, that you shouldn't name your product with one of our trademarked terms, i.e., either calling your product "TIGER", "TIGER/Line", etc. or use a Census Bureau trademark within the name of the product or service. You may refer to the Census trademark in describing the Bureau's component of your product or service. For example, you could say in a product description or advertisement something like this: "Acme Map Data, based on Census Bureau TIGER/Line® files". Ideally, we would also appreciate a statement to the effect that the referenced trademark is a registered trademark of the U.S. Census Bureau. The above discussion is not intended to be a legal brief on trademark law but just a quick summary of the general trademark issues relating to our products.

      The Geography Division of the U.S. Census Bureau will consent to license one of its trademarks only under the following conditions. The potential licensee must be a government agency, either domestic or foreign, with whom we have an established working arrangement for common products or cooperative programs. Such an authority is not granted automatically by the preexisting working arrangements but must be requested in writing of the Geography Division. The trademark or trademarks that would be eligible for such licensing would be those directly related to these program activities. The license would last only as long as the working arrangements are in effect. This determination would be the sole purview of the Geography Division. The licensee would not have the authority to "sublicense" to another organization the use of any Geography Division trademark that would be part of the agreement.

  42. Re:pre-emptive lawsuit by anarchy_man3 · · Score: 3, Informative

    Tiger Direct edits their user reviews on the site. I submitted a review of an Ultra power supply where the fan died and I said that it worked great until the fan died. They changed it to "Works great."

  43. Re:Tigger by psycodom · · Score: 3, Informative

    In fact Disney do now own Tigger having bought rights until the copyright expires for £240 Million back in 2001.

    Prior to this they paid twice yearly royalties to use the characters.

  44. Re:Boycott! Boycott! Boycott! by 1u3hr · · Score: 3, Informative
    Oh, and sue Africa too. I heard there were some critters trying to usurp the Tiger name, too.

    Tigers are Asian, not African. (There are some, for the same reason there are tigers in Las Vegas.)

  45. Re:Irony... by nathanm · · Score: 2, Informative
    "Asparagus" is what we now (mainly since the end of World War II) call "sparrow grass": apparently, sparrow grass just wasn't as trendy a name, so it got dropped.
    Not quite. Look at the etymology of the English word asparagus here.