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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.
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.
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?
http://www.google.com/search?q=tiger:
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?
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
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.
E RSYSTEMSO M
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
TIG
TIGERDIRECT
TIGERDIRECT
TIGERDIRECT.C
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.
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.
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
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
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.
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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.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."
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.
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.