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Judge Denies TigerDirect's Request for Injunction
wallykeyster writes "As predicted in previous discussions the judge has ruled against TigerDirect's request for injunction to prevent Apple from using 'Tiger' in their advertising." I heard that both people who still held respect for TigerDirect no longer do.
I can say "Tiger" again?
So it looks like TigerDirect's injuction was nothing but a paper tiger.
Next up, TigerDirect sues Microsoft for using the word Direct in DirectX.
Tony the Tiger, you're next!
Judge Lenard said "any given customer who cross-shops TigerDirect and Apple, whether over the internet or in person at their retail local stores, will be able to distinguish their respective retail outlets due to the distinctive differences in their marketplaces' appearance and messages."
Need proof? Look at the shiny polished Slashdot logo at the top. When was the last time you looked at that and thought "Oh, I'm in the TigerDirect section of Slashdot!"
The coolest voice ever.
So you concede then, that Microsoft doesn't have a monopoly, because Linux is available for the PC. Fair enough.
I too have felt the cold finger of injustice.
The number of trademarkable things is increasing daily, as more people go into business making more products.
The number of words in the English language, however, remains the same.
Just a namespace collision isn't evidence of trademark infringement. That requires (or should require -- I gave up on learning the details of IP law once I realized that it made no sense) one company to choose their name specifically to leech off another successful name.
Tigerdirect has been around since before Apple picked the name Tiger.
Apple wouldn't want anything to be named after such a shitty company.
So what's the deal?
IP rights? To the name "Tiger"?
Right.
How could a term like "Tiger" in any non-judicial sense (such as common sense) ever be accused of being an intellectual property?
... for their use of the letter "T"
So where can I moderate Cowboyneals comments on this story?
I generally think the editor's comments are annoying attempts by them to try and sound funnier and smarter than they really are.
But this one at least made me smile. Lighten up. It's their website, not yours. They've been adding commentary like this for years, most of it's dumb, sure, but that's how the world works.
One time I threw a brick at a duck.
Are you insane! How will the slashbots know what the current group think is without the asinine comments!
Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
What truth?
There is no dupe
Will companies and products have to have numbers in place of names? After all just about everything is trademarked these days until you decide to invent words... Right now I'm off to buy a 5759852850 by 1284257630530. See you later...
Open-Source > *
As I type this there is a TigerDirect banner ad at the top of my Slashdot page...
I'm sure there's some witty comment I could be making here, but I have no idea what it is.
Yeah: imagine a dictionary full of (C)s and (R)s:
Tigers(C) (Panthera tigris(R)) are mammals of the Felidae(TM) family, one of four "big cats"(R)(C) that belong to the Panthera(R) genus. Tigers(R) are "predatory carnivores"(TM)
cpghost at Cordula's Web.
If it's news for nerds, keep this kind of commentary out of it please.
*Man* do we need a "Haha you're new here" moderation for these kinda comments. This isn't a journalism site -- it's an entertainment and discussion site. I damn well *expect* there to be snide partisan commentary from the editors (a poorly-chosen job title, but oh well -- deal with it).
Right, except Apple was also granted a trademark in 2003 for the use of "tiger" in reference to an operating system. Why didn't Tiger Direct take action then? Oh, I know, because this is a blatant PR grab.
If the tables were turned, I'm sure apple would do the same thing to tiger direct. Apple has quite a colorful litigeous history.
From the blurb: "I heard that both people who still held respect for TigerDirect no longer do.
From my dealing of people who put TigerDirect first on their lists I doubt that many of the TigerDirect customer base give a damn about either Apple or Geek politics. Let's not take ourselves too seriously here.
Dedicated Cthulhu Cultist since 4523 BC.
On trademark infringement, companies don't sue other companies to try to cash in. They do it because if they don't attempt to protect their trademark, courts will rule that it isn't a trademark anymore and isn't protectible. Aspirin, Zipper.
"It is technically possible for a manufacturer to install any number of operating systems on a computer. The user then has to choose which operating system to use during the boot process (after switching on the machine). However, Microsoft OEMs are only allowed to install Windows. No machines with both Windows and, for example, the free (!) operating system Linux, can legally be sold by OEMs."
Doesn't sound especially fair to anyone but Microsoft, that. Remember who the convicted monopolist is?
And tomorrow the stock exchange will be the human race
What exactly is your point?
AFAICT, Tiger Direct does not market an operating system under their name, and it seems quite obvious that Apple is not using the word "Direct" in any of their marketing or naming strategies.
Again I ask, what exactly is your point?
Trademarks only reach so far, and Tiger Direct's does not (rightly IMHO) reach far enough. Next thing you know, African tour operators will be trying to sue Apple over the name of their browser, the French will be trying to sue Apple over their chosen name for autoconfig, mathemeticians and philosophers the world over will be trying to sue Apple over the name of their (bought out) music software, auto makers will be suing them over the use of the term "dashboard", etc. etc. etc.
Trademarks only go so far.
"Empathise with stupidity, and you're halfway to thinking like an idiot." - Iain M. Banks
Oh, I'm sure Apple wouldn't have a problem that.
Apple aren't, but you can buy a Mac running Linux from here. They're an authorised Apple OEM. There you go.
And tomorrow the stock exchange will be the human race
1) Assloads of publicity from suing Apple. Suing the fruity one always gets you some attention no matter how frivolous.
2) The precedent of defending their trademark. So if another catalog retailer ever comes along with a name that really does infringe, they can't say that TigerDirect failed to protect their TM.
I heard that both people who still held respect for TigerDirect no longer do.
That's right, CowboyNeal, say what everyone wants to hear. It'll drive up the ad revenue.
You asked for a dual-booting machine. Don't move the goalposts.
In any case, it is not the same. When you buy a computer from Apple, you are getting just that - an Apple. Apple have the right to ship whatever they want with their own computers. If Microsoft made a PC, they'd be allowed to ship Windows with it no matter what.
The problem is that other companies, building their own computers, are being forced to ship nothing but Windows - or they get no Windows at all. Now, if Apple forced other companies who made PPC board to ship the Mac OS, then maybe it would be similar.
And tomorrow the stock exchange will be the human race
Or MacMail?
I don't know how it is in the US, but in the Benelux (Belgium, Luxembourg and the Netherlands) you should not be able to get a trademark on a common word. So both Jaguar and Tiger should not be able to get a trademark.
However you can get a trademark on a image mark, which could include a common word, but it will also be accompanied by the font used, other graphic elements and the colors used.
In that case, it was probably more expedient for Apple to settle as the laws in other countries are different than US laws. Companies run into problems like this when selling overseas.
TigerDirect has a pretty good case here. Apple is using a name they used before Apple in the same industry.
It would different if Apple used "TigerDirect" for the code name of their OS but they used a common English word. For example, in the case of MS, US courts have ruled that you can't claim a common word (Windows) but you can claim distinct combinations of common words and letters (Windows 95, Windows Me). Also adding the company name also makes it distinct.
Could I come out with an operating system called OS X? Apple doesn't have anything called OS X, but they do have a Mac OS X.
Microware sued Apple over OS 9. It had a real-time OS on PowerPC embedded systems called OS-9. After a few years, a judge ruled that since both companies occuped different markets, it was unlikely that a consumer would be confused. In your case, if you wrote an OS for personal computers called OS X, I think Apple would have a case.
this is one of those cases where Apple just didn't do their research.
And you know that how? Again "Tiger" is a common word. TigerDirect does not own "Tiger" but combinations of "Tiger" and other words. There are 200 trademarks containing "Tiger" but no OS named "Tiger". I think they did their research.
Well, there's spam egg sausage and spam, that's not got much spam in it.
Could I come out with an operating system called OS X?
Try starting at OS I, then OS II... eventually OS IX then OS X. I distinctly remember something in US IP history that says you can't protect a number. X is just another number - I was going to say "just not in the common numerical system, then I realised that one place that system is commonly used is legal documents. Long story short, go ahead, market an Operating System X - just make sure you lead up to it appropriately.
What's wrong with TigerDirect? I've bought stuff from them before. Cheap prices, good selection, everything shipped on time. No problems. BTW, the banner ad at the top of my screen right now is for TigerDirect.
Apple deliberately prevented BeOS from working on their newer hardware.
In effect, they forced Apple hardware users to use their OS, in a time period when a significant part of the 'leading' mindshare was defecting.
No, but these guys might.
You are only asked the last 4 digits of your social security number if you are applying to buy something under their extended payment plans. In which case they use another company to extend the credit out and it is needed for the approval process (just like any other loan application) to verify your credit rating and help them make a decision on whether or not to extend credit.
You will never be asked your SS number, or any part of your SS number if you are not applying to purchase on credit from them.
Freedom is merely privilege extended unless enjoyed by one and all.
I heard that TigerDirect is going to allow anyone free use of the word "tiger," but only after you pay in full for it and wait 4-6 weeks for the mail-in rebate.
The point in this thread was that FOSS has had very little to do with the development of 10.4. Not that FOSS has had very little to do with OS X as a whole.
And while gcc and mach are significant, they are proportionally very small parts of OS X, and they could be replaced by something else. There are certainly other compilers out there than gcc - betters ones too - and there are certainly other kernels too. I mean, Apple could have potentially licensed the Solaris or BeOS kernels, maybe QNX, or whatever else. Hell, perhaps even WinCE or something. There *ARE* options. Some are better than others, of course. But to say that there would be no Apple without FOSS, and especially to suggest that 10.4 is largely developed by the open source community, well, that's just bull.
I hope they get this Tiger business sorted out soon.
I was at an Esso gas station the other day and everyone was trying to force a copy of Apple's Tiger installer disk into their gas tanks.
What immortal hand or eye
Protects thy brand integrity?
Under India's burning skies
IP issues do not rise
If you've passed on being shot
You still can't sue the goddam lot
Genus felis does not code
Nor shifts boxes by the load
Salesmen in expensive shirts
Don't care if your image hurts
Tiger,tiger burning bright
In the forests of the night
Though extinction faces you
It faces all those brand-names, too
With sincere apologies to William Blake.
Panurge has posted for the last time. Thanks for the positive moderations.
Come on man, it's not like Apple just sues random people willy-nilly with little provocation.
Oh wait... Apple...
Now before I get modded down, I be to remind whoever might read this that what I am saying is FACT. - bogaboga
Old Man: Hey, muscly arm, why the long face?
Chris: It's this girl. I can't talk to her. It's like girls are a different species or something.
Old Man: Who needs them? You like Popsicles?
Chris: Well, sure.
Old Man: Then you need to come on down to the cellar. I got a whole freezer full of Popsicles.
Chris: No, thanks. I gotta get going.
Old Man: Don't make me beg now.
Chris: You're funny. Bye.
Old Man: Get your fat ass back here.
Carthago delenda est!
Bin Laden is even better known... but not good for his 'brand'.
I dunno, did you ever see the episode of TV Nation with the segment called "Direct Mail"? Moore sent out two letter campaigns asking for money. One for "friends of Jeffery Dahmer" and one for an average young couple just trying to make ends meet. If you can't guess who got more money, you'll have to watch the show to find out.
Everyone that thinks they have a trademark whether it is registered or not believes that suing Apple is a good idea.
Apple has a tendency to entertain the lawsuits, so every corporate lawyer thinks its a great make-work type project.
Marketing types agree, because its free advertising.
Even individuals, like Carl "Butthead Astronomer" Sagan love to sue Apple over the use of internal project code names, because suing Apple is both fun and profitable.
Apple should have learned by now that using any word in the english language can result in a lawsuit, just like George Lucas has learned he can be sued by any writer thinking they own the notion of a hairy cute alien.
Maybe Apple should start using H4xx0r for its project naming. Tiger could be T1gg3r, but then they'd probably be sued by Disney (who, btw, totally screwed the estate of Milne out of millions.)
/\/\icro/\/\uncher
Tigerdirect sues Spiderman, the city of Detroit and Rudyard Kipling for similar use of the word.
.ca, right? Turns out all that means is they converted their prices to Canadian Dollars. That no-duty thing they advertised? Hah. I had to pay a $130 C.O.D. on the player when it showed up at my door because they shipped from Pennsylvania.
I used Tigerdirect.ca once for buying a Rio Karma. Never again. About a month after buying my Karma (20G HD mp3 player) it broke (nothing against td). So I call Tigerdirect for warranty information.
First of all, they changed their website so that it no longer advertised the 1 year warranty I saw when I purchased the player and changed it to 90 days (the same as the manufacturer's warranty), and disavowed any knowledge of this mythical 1 year warranty (one of the reasons I picked TD over others). They just tried to refer me back to the manufacturer.
So finally I say fine, take the 1-800 phone number.
Phone number doesn't work in Canada. The web page did say
So yeah, the toll free number doesn't work.
I call back Tigerdirect. Complain that the number they gave me doesn't work in Canada. So the buddy tells me that they'll get in touch with me about it.
That was a year and a fucking half ago. I still never heard back. Ultimately, after a week of waiting, I went to Rio's site, and after extensive digging I finally found a number in Toronto I could call. So I call Rio directly, they honour the warranty and in two months (ugh) I have a refurbished player. That one lasted a year (never buy Rio hard drive players, they suck. There's a reason iPods are more expensive).
Tigerdirect is a horrible company that is out there for the same reasons microsoft is: Make a cheap buck out of people who don't know any better.
Karma: Non-Heinous
> I don't see any reason why common names are a problem when they apply to a narrow domain.
Well, I do. Who gets the domain www.tiger.com?
For an interesting twist on this question, point your browser at www.nissan.com.
-s
Tigers(C) (Panthera tigris(R)) are mammals of the Felidae(TM) family, one of four "big cats"(R)(C) that belong to the Panthera(R) genus. Tigers(R) are "predatory carnivores"(TM)
You did not properly tag all of the existing trademarks you used. All of the following can be verified at the US Patent and Trademark website.
Panthera: serial number 78308042
Are: serial number 76529298
Mammal: serial number 75769435
Of: serial number 76165824
The: serial number 75726394
Family: serial number 78410485
One: serial number 78570482
Four: serial number 78450854
That: serial number 78270174
Be-long: serial number 78507203
To: serial number 76217768
Genus: serial number 78456711
What you should have written was:
Tigers(C) (Panthera(TM) tigris(R)) are(TM) mammal(TM)s of(TM) the(TM) Felidae(TM) family(TM), one(TM) of(TM) four(TM) "big cats"(R)(C) that(TM) belong(TM) to(TM) the(TM) Panthera(R) genus(TM). Tigers(R) are(TM) "predatory carnivores"(TM)
-
- - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.