Slashdot Mirror
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.
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?
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.
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).
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.
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.
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.