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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.
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.
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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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.