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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.
Everyone has known it was going to be called Tiger for the last YEAR. Why do they wait until release day to file a lawsuit?
And wait a sec. Are these guys telling me that they have a patent on the word "Tiger"? Somebody better get some lawyers for the local zoo.
I think that's really all that needs to be said.
"We are the Dyslexia of Borg. Your ass will be laminated. Futility is resistant."
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). This whole things stinks of a "get rich quick by settlement" scam.
I Am My Own Worst Enemy
This is a grab for quick settlement money, no questions about it. Clever and slimey-- Apple can either take their chances fighting it (with a small chance to be hurt big) or pay TigerDirect cash. Blackmail, essentially, and the timing of this suit is proof.
I sincerely hope they'll fight it, not only because I believe the lawsuit is meritless and one should never give into blackmail, but also...
Apple has taken the "we defend our legal rights" stance when they've sued Tiger leakers. Fair enough. If they reverse their stance on that now when up against someone with lawyers, I think that'd be quite hypocritical.
So, sock it to them, Apple.
When I originally heard of OSX Tiger, I never even imagined a link "TigerDirect." Not that I care about Apple, but now when I hear OSX Tiger, I'll be sure to think "TigerDirect, another corporate bastard."
Gimme a break. Just like Apple sued Mac Mall and Club Mac, huh? This is just a grab for funds by Tiger Direct. They are allegedly being investigated for their rebate practices and their reseller rating has gone to shit. I wouldn't doubt it if this is a last ditch attempt to remain solvent.
I am not a lawyer, but I can see Tiger Direct's point here. Tiger Direct certainly isn't guaranteed a position in the search engines, 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.
On the other hand, I don't see how filing the suit the day before the product launch could be anything but a stunt.
I'm rooting for Apple on this one.
WWF was having battles with the other WWF for years about the name. The World Widelife Fund finally won a few years back over the World Wrastlin' Federation. Are they in the same specific domain? Maybe, they both have to do with animals...
If I type "tiger", the first result has to do with real tigers (the kind with paws). And that makes sense to me as well.
So I do not see their point. I think the real issue is that over the last year or so, Tiger Direct has become more and more irrelevant as other bargain stores enter the market, and they are hurting financially. Apples has comparatively deep pockets and Tiger Direct may be looking for some revenue.
No, Microsoft owns several trademarks on just the word "Windows" in various categories, the oldest active one being from 1992 (#74274174).
Apple couldn't trademark "System"
Most likely because it was already in use or just because the word "System" is a fairly integral part of what the product is. You couldn't trademark the term "truck" in relation to selling pick-up trucks because it's not a unique name for your product. At the time Windows was registered windowing operating systems certainly existed, but no one marketed/sold them as that until Microsoft did. Calling your operating system "Windows" was a unique idea. At the time Apple would have tried to trademark "System" people would have been selling items called operating systems for easily a decade or more and calling your product "system x" would not have adequately differentiated it.
1.) They don't have a trademark on Tiger, while Apple does. 2.) Trademarks for a computer reseller and a computer OS are in different domains and in most cases wouldn't conflict anyway. 3.) Timing is suspicious to say the least. Personally, I see no case here whatsoever - just the hope of a quick settlement rather than a delayed launch or a court case.
Yeah, but since they don't actually own the trademark to Tiger, they're really shooting blanks on this one...
:)
Not to mention they just lost the ability to sell iPods. Wait a few days, if this gets any more press and any more aggravation and really does affect Tiger's sale (not release, since they're not going to court tomorrow), Apple will wait until TigerDirect loses.... then pull the reseller stuff and prevent them from selling ANY Apple branded products.
Now, in the case of iPods, that's gotta be a money maker even for these clods (judging from the sale of iPods in general...).
So I guess they haven't thought this crap through. Not that I'd buy from them anyway with their track record, but they have indeed sealed their fate with the millions of mac users (if this inhibits them from buying Tiger) who will never buy from them again, or for the first time. Not to mention they'll tell everyone they know not to as well.
Bad publicity only works for movie stars...
It's the Stay-Puft Marshmallow Man.