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Red Hat Founder Offers Help in Apple vs.Tiger Lawsuit

Art Vanderlay writes "Robert F. Young, a founder of Linux distributor Red Hat and now owner of the Hamilton Tiger-Cats Canadian football team, has offered Apple Computer CEO Steve Jobs a quick way out of a lawsuit by TigerDirect over the latest version of Tiger. According to the Globe and Mail, Mr. Young has offered to license the Hamilton Tiger-Cats' historical use of the word Tiger to Apple free of charge. The Hamilton Tiger-Cats have been around since 1869. '136 years ago we were called The Tigers,' Mr. Young said. 'If anyone owns the exclusive rights to the word tiger with that much history and tradition, it's gotta be us.'"

23 of 517 comments (clear)

  1. Oh hells yeah by RevDobbs · · Score: 3, Informative

    A trademark used in one indstry has nothing to do with a trademark used in another industry; this is how Apple Computers can call itself "Apple", much to the displeasure of Apple Record Label. I highly doubt that a trademark infringment suit brougt by the Tiger-Cats against Tiger Direct will get anywhere. (How the former World Wrestling Foundation lost the rights to WWF stumps the shit out of me.) IMHO Apple is in the wrong on this.

    1. Re:Oh hells yeah by FidelCatsro · · Score: 2, Informative

      Just to back up that Tiger games example with a link
      http://users2.ev1.net.nyud.net:8090/~rik1138/Tiger /

      Tiger Games made a lot of small LCD games and tabletops , i used to have heaps and this was well before 96.I think more recently they made the game.com (bit of a failure)

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    2. Re:Oh hells yeah by DragonMagic · · Score: 2, Informative

      Because the World Wildlife Fund came first, and uses WWF as its initials and trademark. When the World Wrestling Federation came around, they, too, used WWF, and legal threats ensued. The Wrestling was allowed to use WWF *only* in the US and distinctly talking only about its wrestling properties. That ended when they went international and went into other properties, such as movies (The Rock, etc.).

      In the end, in order to escape a damaging lawsuit, they changed their name to the WWE to escape confusion with the WWF.

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  2. Young Doesn't understand trademark by LetterRip · · Score: 5, Informative

    Trademark is generally only relevant for trade done in a specific domain - so usage of Tiger for a football franchise won't disallow another company to use football as a software reseller.

    Where Apple potentially gets in trouble is that there is a company that is a software reseller that is doing business under the trademark of Tiger. Whether Apples line of business and Tiger Direct are closely enough related that the courts would disallow Apples usage of the trademark is unclear.

    LetterRip

  3. Re:From TFA by Holi · · Score: 5, Informative

    Has anyone tracked down this mysterious registration, or is TigerDirect merely claiming that their use of the mark precedes Apple's?

    Actually it is TigerDirect's parent company Systemax that has the trademark registered, see here:
    http://tess2.uspto.gov/bin/showfield?f=doc&state=c fhosb.2.21.

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  4. It's not like Apple are changing their name by disposable60 · · Score: 3, Informative

    It's not like Apple's changing its name to Tiger. It's just a code name for the CURRENT REV of their OS. It's gonna last, what, 8 months? Then it'll be some other big cat.
    BFD

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  5. Re:Trademarks by sangreal66 · · Score: 1, Informative

    Coca-Cola isn't a made-up name. Its a combination of Coca beans and Cola nuts.

  6. Actually Apple does have legal issues with Apple by Glasswire · · Score: 5, Informative

    In fact, Apple got in trouble in the 70s when they first used the word and had to agree that Apple (computer company) would not get into the business of Apple ( music company). Of course, Apple (music company) cried foul recently over iTunes....
    So, you can see cross-industry trademarks DO have to be negotiated.

  7. Re:From TFA by roju · · Score: 4, Informative

    Thanks for the link.

    I took the liberty of noting that TD's mark is for: Mail order catalog services featuring computers and computer related products; and Retail store services featuring computers and computer related products.

    Now, to pick a random operating system, the MS Windows trademark is for: G & S: computers and components therefor, computer peripherals, and computer programs in the field of graphical applications, and manuals therefor sold as a unit.

    Interesting how they expect the Tiger OS to conflict with the mail-order business.

  8. Wrong subject by cfulmer · · Score: 2, Informative

    IT'S NOT RED HAT -- it's Bob Young. Young isn't in Red Hat management any more.

    Geez... Why not just say "United States builds houses with Habitat for Humanity on Georgia," when you're talking about (former president) Jimmy Carter?

  9. Re:Trademarks by PCM2 · · Score: 2, Informative

    It's a fact. What you've been putting up your nose comes from the leaves. The extract used in Coca-Cola came from the beans. In fact, the trademark shape of the original Coca-Cola bottle was supposed to be taken from the shape of the coca bean, but the researcher got it wrong due to a typo; it actually looks more like a cocao bean, the kind you make chocolate from.

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  10. Re:Codswallop? Who talks like that? by Anonymous Coward · · Score: 2, Informative
    A company should however have the exclusive use of, say, the word 'fedora'.

    Huh? When has Red Hat sued anyone over name "Fedora"? And AFAIK, It's "Fedora Red Hat", not plain old Fedora... not that RH really cares that much, it not being their actual cash cow (which would be RHEL).

  11. Re:Red Hat getting in on the PR by Paradise+Pete · · Score: 2, Informative
    While Tiger Direct has a (if somewhat sleazy) case

    They have always been somewhat sleazy. Years ago, in the early days of 900 numbers, they turned their ordering line into a 900 number(!). And they were in no big hurry to wrap up the conversation, routinely putting people on hold at two bucks a minute.

  12. Re:Red Hat getting in on the PR by RedHat+Rocky · · Score: 3, Informative

    1. This is not PR, it's making fun of Apple.

    2. Mr. Young is not acting as Red Hat, but rather as the owner of a football team.

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  13. Re:Actually Apple does have legal issues with Appl by KarmaMB84 · · Score: 2, Informative

    The thing with Apple computer was that if they wanted to they could've gone into the business of computer hardware for music purposes and then they would've been trampling on Apple's (music company) turf somewhat. I really don't know how they've gotten away with QuickTime, iTunes and the iPod though.

  14. TigerDirect by daniel_mcl · · Score: 4, Informative

    This is a bit offtopic, but I'd advise everyone to avoid doing business with TigerDirect. I ordered the parts for my current computer from them and a great number of them didn't work properly. Worse, most of the warranties are "in-kind;" i.e. "Your RAM doesn't work? That's okay, send it back and we'll send you more RAM that doesn't work."

    I also had to go out and buy a USB mouse because if I plug in devices in both PS/2 ports the computer won't boot properly, and the SATA hard drive I bought from them worked for all of two days before breaking.

    None of these are compatibility issues, by the way; I replaced the defective Tiger parts with the same brand parts from a reputable local store (where they were more expensive) and the computer worked. The reason Tiger's prices are so low is that they sell factory seconds, meaning parts which didn't pass the company's quality inspection, so most of the stuff you buy from TigerDirect is non-functioning.

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  15. Re:Tyger Tyger by bluekanoodle · · Score: 1, Informative
    Except that apple is using the word tiger extensively in their online store to promote not just tiger, but all products they sell including 3rd party products. (It's under the section Tiger Center) These are in direct competition to Tiger direct which sells the same products.

    In addition TD sells a brand of computers using the Tiger brand name made by their parent company.

  16. Monster Cable thinks otherwise... by Tmack · · Score: 2, Informative
    As this site points out (didnt /. post this too?), Monster Cable went on a spree of suing anything that had "Monster" in its name, including the Monsters Inc movie, all the Discovery channel Monster shows, and the Vintage consignment clothing store linked above: Monster Vintage. To get an idea of how rediculous this is, here is a list of all trials involving Monster Cable. As you can see, they are quite litigation happy, and are still filing away. I have always thought their cables were overpriced lampcord, but this just gave me more reason not to buy their outragously priced copper.

    Tm

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  17. Re:Trademarks by PktLoss · · Score: 2, Informative

    Business names don't have to be unique, in fact when you register a business they warn you that without a trademark there is no protection for your business name. Registering a business only gives you the right to use that name, it does not prevent anyone else from doing the same.

  18. MOD PARENT TROLL by calambrac · · Score: 3, Informative

    Let's see:

    Tiger's Eye the golf course opened in 2000, at the zenith of Woods' first great run. So it wasn't there 'way before Tiger Woods became Tiger Woods'.

    Also, a fairly thorough Google search of "Tiger Woods" with "Tiger's Eye" alone or along with "lawsuit", "dispute", "pro shop", "Nike", etc., turns up nothing. In contrast, Woods' dispute with an artist, a yacht company, and an advertising company all jump right out.

    So, unless you can provide a link, I call bullshit.

  19. Be careful what you sue for... by ebrandsberg · · Score: 3, Informative

    This reminds me of the famous McDonalds name incident from some years back, where McDonalds tried to force a restaurant named McMunchies to change it's name. That's when Lord MacDonald of the Clan Donald got into the act. Quoting from a press release at http://www.mcspotlight.org/media/press/clandonald_ jan97.html:

    Lord Macdonald of Macdonald, premier clan chief of Clan Donald, has appointed Ronald W McDonald to be Sergeant-Major at Arms of the Guardians of Clan Donald: the linear descendant of the chief's bodyguard. It will be open to all Macdonalds and their septs, dependents, and descendants, who are in good standing in the community. Successful applicants will be enlisted as Sergeants at Arms and issued with a Warrant in the form of a Certificate which is suitable for framing. The cost of membership is £1 (postal orders please) or £2 sterling for overseas applicants.

    Needless to say, history was on their side even more than it was with the Tiger name here. If you don't use an original name, don't expect to be protected like an original name.

  20. Re:Butthead Astronomer by Baricom · · Score: 4, Informative

    It's not possible to Google bomb on Slashdot - all comments have rel="nofollow" added. Thanks for playing, though.

  21. Re:Butthead Astronomer by MadMoses · · Score: 2, Informative

    Too bad that you are googlebombing the wrong URL in your sig. Better change that.

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