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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.
Disney will be joining the battle soon as Tiger is misleading to Tigger.
Rock that crushes, Paper & Scissors that don't matter.
Someone at TigerDirect suddenly realized that Apple would/might sue them over the name tiger and they figured they better sue first.
Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
While the suit may have some merit, it is odd for them to wait until now to try and halt such a heralded product.
;)
Not when now is the time the threat of an injunction to stop distribution could result in a multi zillion pound pay out
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.
Well, I can't say I'm a huge fan of TigerDirect, as they have fairly high prices, I *have* bought some more esoteric parts from them, as well as before NewEgg.com came out, and I've never been disappointed.
I'm also not a fan of Apple, as I absolutely hate using the 10.3 Macs we have in the lab here in our library.
However, this should be pretty clear-cut. If TigerDirect, a computer-related company, owns the trademark on Tiger, as applied to computer products, and Apple has been using that trademark without permission, then TigerDirect should be granted damages.
Especially since, I doubt them having the trademark on Tiger is a new thing.
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."
They should be fine. If I remember correctly, they have at least one lawyer on staff.
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
Lion, Bear, Barracuda, Orangutan, Giraffe, Rhinocerous, Bobcat, Mountain Lion, Rattlesnake, and any other unused names of the animal kingdom hertofore unpublicised. Document following, please do not step on my rights. Thank you.
My little site.
just a money grab probably hoping that apple will settle out of court for a few bucks
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.
Jobs: "OK I need about a million volunteers: 1) Cross out the 'Tiger' on the box 2) Write 'Big Orange Cat with black stripes' "
I heard Tiger Woods is pretty pissed too.
Homer no function beer well without.
Maybe their plan was to wait to file the lawsuit so that Apple is under more pressure to settle quickly.
Microsoft has renamed their long delayed Windows release "Windows Forever". Bill Gates was quoted as saying, "If it worked for the Duke Nukem franchise, it'll work for us."
Also, I have no idea what
I stopped using TigerDirect years ago after they refused to accept a return on product that they falsely advertised. A dual-processor motherboard that required an extra APIC chip to use the second processor, and despite listing both as in stock when I ordered, the APIC was on back-order for over a month. Since I had not opened the box yet I just went to Fry's and bought a motherboard and called to cancel the APIC and return the useless board. The customer service people were uncooperative and the "manager" I talked to was downright rude.
So, despite having spent thousands of dollars there, they decided that they would rather lose both my personal business and that of the company I work for than accept a return on an unopened $120 board they sold under false pretenses.
Don't fool yourself -- you get what you pay for. TigerDirect is cheap because their service sucks the big one.
Wait until the day before launch and then sick your lawyers on em... man. I just don't have the stomach for this capitalism stuff. It's way too competitive.
This lawsuit will only further "dilute their brand"... wait... perhaps this is just a ploy to plaster tiger direct all over the news and that way reclaim their ranking in the search engines!
You'd think someone would have pointed out to Tiger that this has been tried before and didn't end with happy results for the complainant...
... OS X 10.5 'DAK'.
Maybe they should license 'DAK' so they can give a boost to Tiger's competition instead.
yeah
Seriously, why they would wait so long when OS X 'Tiger' was announced months ago, I do not know.
Maybe they're just trying to get their name out there, I hadn't thought of or looked at TigerDirect's web site in a few years, as I had found other retailers to buy computer junk through.
It's not like I personally would think that Apple's operating system had anything to do with a mass PC parts vendor.
In America, any publicity is good publicity, and the easiest lately seems to be to target a popular company/person with a lawsuit, irregardless of how frivolous.
Any serious action to prevent Apple's use of the name should have been sought when it was first announced, not wait until the eve of the product launch. This just gives the impression of riding on the coattails of Apple's popularity.
"If you choose not to decide, you still have made a choice!" -Rush
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
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."
They don't sell Macs so they can't capitalize on the name.
if you steal from one source, that is plagiarism, if you steal from many, well, that's just research.
it is odd for them to wait until now to try and halt such a heralded product.
Not odd at all, for a few reasons. Only upper management (let's call them the CxOs) would have the corporate clout to initiate a lawsuit against a big-name corp like Apple. Consider the following hypothetical scenarios:
1. Prior Apple products have had internal code names that were used in a semi-public way. (The Sagan/BHA saga comes to mind.) The CxOs thought Tiger was just such a code name, and, being clueless as only management can be, didn't realize until this late that it was not the case.
2. The CxOs, being clueless as only management can be, hadn't heard of Apple's "Tiger" until now.
3. The CxOs, realizing that this was an open-and-shut case, figured they'd give Apple enough rope to hang themselves. They're all expert blackmailers - sorry, "negotiators" - and know that Apple is now facing a time crunch. Apple has a hard deadline and must settle on Tiger Direct's terms.
Don't know about you, but #3 strikes me as really plausible. I don't know if that makes me cynical or just experienced, but I don't see Tiger's behavior as odd, in the sense of "statistically unusual".
you can't trademark a common word. They will lose just like Microsoft did against Lindows.
If this is true, then Jaguar has standing to sue as well.
"But your honor, these shysters have a prior history of this conduct!"
I've ordered several things from TigerDirect. Now, thanks to Apple, I don't know if I should enter purchases into a web page or just send it directly to the operating system.
try { do() || do_not(); } catch (JediException err) { yoda(err); }
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
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.
http://www.tigerdirect.com/sectors/help/contactus. asp ;)
feel free to give them feed back, you know they deserve it
Blarney Quality Restaurant, Plants
..Would that be an operating system whose tops are made out of rubber and whose bottoms are made out of springs?
"Its not so much a crash.. its more of a bounce, it'll be back up soon."
Starsucks
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.
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...
I thought Sun's Java is also named Tiger. I wonder if Tiger Direct will sue them next...
What a wonderful system we have of lawsuits and such.
... as if millions of geeks suddenly added "0.0.0.0 tigerdirect.com" to their hosts file and a web server suddently went silent.
...Rob
The American Dream isn't an SUV and a house in the suburbs; it's Don't Tread On Me.
1. Whether or not there is a trademark issue here is far more complex issue to sort out than any of the random speculation that is going on here at slashdot.
2. The courts won't look kindly upon the litigant if it can be shown that they actually chose to wait until the last minute to claim, i.e. an attempt to wield maximum damage on Apple.
The test for trademark infringement is basically whether or not the use of the mark causes confusion, and the use of the mark has to be within the same "area" that the original mark is registered for.
I don't think TigerDirect has a good case: Apple's use of "Tiger" has always been subordinate to "OS/X" and "10.4" - how often have you seen Apple use the word Tiger as itself? In addition, Apple demonstrate history of using cat words, of which Tiger is merely one in a line.
Good luck TigerDirect, you're _really_ going to need it.
1) Apple only announced the April 29th launch date publicly on April 12, 2005. That's critical in asking "Why only now?" -- there was nothing imminent prior to that.
2) Apple tried registering "Tiger" as a trademark (with intent-to-use) in July 2003, but was denied b/c of possible confusion. Apple won the Tiger trademark by agreeing to limit its use to computer operating software.
3) Tiger attempted to settle, and then filed an opposition to Apple's mark in December 2004.
4) Tiger has six registered marks, and several other common-law marks.
Much of this wouldn't matter (IMHO) if Apple wasn't a reseller itself. But since they do sell many of the same products as TigerDirect, there is a beef. Tiger makes a good case that Apple is using the Tiger mark more broadly that it is entitled, to venture into other sales areas than just operating systems, and that that can affect Tiger's revenues. Here's a quote from their court memorandum:
Personally, I don't think this passes the "likelihood of confusion" test, but that's for a court to decide. If I were in TigerDirect's shoes, I'd similarly be upset.So there's more to that case than just name overlap.
-- $SIGNATURE
WWF is an acronym not a common word. That lawsuit has no commonality with this issue.
This is either a slimy attempt to blackmail Apple into giving them a wad of cash to make the problem go away, rather than face a possible injunction that would seriously mess up their marketting plans.
Or, it's a PR stunt by TigerDirect. I would imagine TigerDirects' website has gotten more hits in the past few hours just from this slashdot story than they have all week.
Even if TigerDirect loses (and they will), they benefit greatly from all the press coverage. You know the old saying, no news is bad news.
Make sure to press suit against Giant Tiger so they don't end up taking precious advertizing space from tigger direct.
Oh, and sue Africa too. I heard there were some critters trying to usurp the Tiger name, too.
C.
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
..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.
I think the World Wildlife Fund screwed up big time. They should have licenced the WWF acronym and website to the "wrestling" folks. They could have taken in more money in a single WWF RAW event than an entire year's fundraising.
"I'm not impatient. I just hate waiting." - My Dad
The parent company of Tiger Direct is System Max which IIRC, was one of the mac clone makers before Mr. Jobs killed them to stop Apple from self-destructing.
Jesus was a compassionate social conservative who called individuals to sin no more.
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.
Dear CmdrTaco:
Please remove Tiger Direct as a sponsor from your banner ads or I shall use Firefox's Adblock to filter *all* your banner ads. Your choice. Thanks.
Bill Clinton: Pimp we can believe in. - The Shirt!!!
Just change the first letter to 'l.'
sig not found
obviously does not know the difference between trademark and copyright, not a lawyer, just a karma whore
Snowden and Manning are heroes.
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."
Wasn't "Tiger" the name of that company that made all those hand-held LCD games from the 80's to the late 90's?
8==8 Bones 8==8
Oh my! I think Tiger Direct has an unbeatable point with this lawsuit of theirs. Now that Tiger Direct has helped us to see the light, it is only fair that we change the name to Mac OS X Sosumi out of respect for Tiger Direct!
Check here:
t ate=ec8td3.1.1
http://tess2.uspto.gov/bin/gate.exe?f=searchstr&s
(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.
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.
People will get all up in a fit over nothing. How can you "own" the word "tiger?" It's getting to the point where you can't do much of anything without stepping much on peoples toes. I personally can tell the difference between a sotre and a piece of software. I think this is getting flat out stupid. Like how companies are trying to patent certain sections of the human genome. Which means if you want to work on a cure for cancer and part of where you need to go is owned by them, you need to get permission and the such to do work there. Now, the human genome is in everyone. and yet the patent office seems to hand out stuff like candy. So I really do hope a court just laughs at this. Because it's so... bloody stupid. And II don't see how they could receive damages from it. Aside from the search engine thing, but then again that's probably become a more relavant result.
http://www.6765656b.com it's the ~ for us geek's.
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?
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.
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'.
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.
If TigerDirect had filed this suit six months ago, or even three months ago, I would have had some sympathy with them. But to do it the day before Apple releases OS X 10.4 smacks far too much of trying to strongarm Apple into settling to avoid the injunction. Blackmail is an ugly word, but in this case...
I used to buy from TigerDirect, and recommended them to clients. I will no longer be doing so. And I'll be writing to them telling them exactly why: a company which would file such an injunction this late in the day is not a company I wish to do business with.
..for numerous references to 'Celtic Tiger' economy in mid to late nineties.
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
The anachronism that is American's 18th Century Common Law legal system has proven itself inferior to the modern Civil Law systems in the rest of the world so many times just in the last years just in tech that it just isn't funny anymore. You do remember that SCO is still wasting IBM's time and money in a U.S. court, with no end in sight? You notice how the rest of the world got that crap out of their systems long ago?
Sadly for us Americans, there is no chance in hell for a serious, basic and fundamental legal reform. With a Congress filled full of lawyers, our sputtering system of codified greed won't even have to face the slight correction of a tort reform.
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.
Point two:So have 'Smith Bros. Cough Drops'. (Sugar and gelatin, no medication at all.) So have those fake-Disney cartoons you see at drug stores, with voice acting that would gag any Junior High School theatre production and animation that would gag any three-year-old with a crayon. So has Windows, come to that. Just because they've been around for a while doesn't make them first-rate, or even second-rate. Me, I'd say that even third-rate is too generous for them: I've known three people who ordered from them, and three people who were burned by them shipping the wrong merchandise and not taking it back, shipping used merchandise as new, and ignoring rebates.
One person got shipped a video card that had obviously been opened, and which didn't work. Matrox wouldn't take it back, because it was OEM, and Tiger wouldn't take it back because they didn't feel like it. And, to add insult to injury, the bar code was already cut from the box it came in, so he didn't even get to claim the rebate they'd promised him. Not that they would have sent it in any case.I think 'you statement' qualifies you as a person who doesn't bother to do even the most rudimentary research (say, searching for 'TigerDirect' on google and checking out all the customer complaints) before passing judgment on other people. Am I right?
-fred
Sign #11 of Slashdot overdose: You see the phrase 'moderate Republican' and you wonder if that would be a +1 or a -1.
First off, how does it make sense to anyone whatsoever that common nouns like "tiger", "windows", etc. should be subject to copyright? It's absolute lunacy. If these companies exercised any cleverness in coming up with a unique name that wasn't already found in the language of manufacture, alright, I could see how copyrights should be allowed... but for existing nouns? There's no creativity to be found there.
I actually got a good giggle out of this, because I think you honestly believe that titling a comment 'You fuckers' and calling everyone who disagrees with you 'brainwashed' is not flame-bait.
But okay, I'll bite... perhaps you're complaining about the moderation because you don't really know what 'flame-bait' means. Flame-bait doesn't necessarily mean that the person who is posting is wrong... it just means that their comment was posted in just a way as to invite flamage.
For example: if I posted that I thought that desktop Linux was really coming along, and that more people really ought to consider it as an alternative to Windows, I wouldn't be modded down as flamebait. If I posted that desktop Linux still had too many usability problems and that Windows was still better for end users, I wouldn't either. If I posted that I thought anyone who used Windows when Linux was available was a cretin who shouldn't be allowed to breed, I would almost certainly be modded down as flamebait (unless I said it in a fucking hilarious way), and the same goes for saying the same thing about people using desktop Linux.
So, in case you still can't see what you did, a helpful hint: calling people 'fuckers' because they believe different things than you, even if what they believe is so obviously wrong that you just can't imagine anyone actually believing it and it makes you nauseous to even consider the idea that anyone could believe it... well, that invites flames. And thus is flame-bait.
Dickhead.
-fred
PS: By the way, you're also wrong.
Sign #11 of Slashdot overdose: You see the phrase 'moderate Republican' and you wonder if that would be a +1 or a -1.
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...
There is already a Tiger computer and it trademarked. This seems a lot closer than "Tiger Direct" and should have a case if anybody does. But since Apples is software, I think that is enough different from being part of a vendor's name and from being a hardware name that Apple should be able to name their product Tiger. http://www.wilke-technology.com/html/produkte_tige r.html
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.
While the suit may have some merit, it is odd for them to wait until now to try and halt such a heralded product.
Yeah, it is quite strange that they would seek a settlement at the point when Apple would have the most incentive to end the matter as quickly as possible. Idiot.
While the suit may have some merit, it is odd for them to wait until now to try and halt such a heralded product.
TigerDirect is a seller of PCs, and as such has an interest in seeing Apple do worse. That's why they waited and sat quietly while Apple promoted Tiger for the past 12 months, only to threaten to sue and seek an injunction days before its release. That's grounds for a dismissal of their claim, IMO, because they knowingly let their "trademark" go undefended for that length of time prior to acting. It's not self-defense, it's acting with malicious intentions.
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It makes me a bit curious why TigerDirect doesn't clearly state that the term/name "Tiger" is trademarked on their legal notice page....
[Tiger Direct] has used its family of Tiger trademarks to sell computers and computer related products since 1987
They've only been going under Tiger Direct for a few years. They used to be known as Misco.
Apple should've done what the free software people have done for years, i.e. name the releases with names even the authors have no fecking idea what they mean.
1 Earth is warming, 2 It's us, 3 it's royally bad, 4 we need to take action NOW
Ah, the irony.
"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.
"Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
From a legal standpoint it *is* odd that TigerDirect waited for so long to file this, and that is likely something that the judge will inquire about.
From a cheap-bastard standpoint it is clear why they waited so long, but that won't help them win this case.
Oh, I can't help quoting you because everything that you said rings true
Yes and we all know how the BSD and KHTML hate it when other people use their code. Oh, wait.
I think, therefore I am. I think?
No, it's pure logic. By now, Apple cannot change the name or do anything to avoid it. They'll have to fight it (which takes time and might hinder sales of MacOS X Tiger) or settle.
Clever tactics on TigerDirect, but a truly horrible way of acting. I hope they (as in TIgerDirect) looses the case since they have seen it coming and have had time to act.
Count me in! --- Tiger Woods.
My other post is a First.
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?
OK. Then asparagus! I believe it hasn't been used with computers yet!
Is anybody brave enough to setup a new "Asparagus Computer" brand or Asparagus OS?
"No they didn't. They have a computer sales business named Tiger. There's no OS tamed Tiger. 'Til tomorrow."
So, if Microsoft changes the release name of Longhorn to Apple, that will be OK because Apple has a Computer Manufacturing Business named Apple but no OS named Apple and therefore it is OK for MS to name their OS Apple?
Seriously. (I am honestly asking that question.)
all the best,
drew
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