Tiger Direct sues Apple over Tiger
So it looks it's Apple's turn to be on the receiving end of the lawsuit this time: Tiger Direct has slapped a
lawsuit on the computer company over the name of its new operating system, Mac OS X 10.4 Tiger. They're asking for a
court injunction to halt the rollout of Apple's new OS, scheduled for tomorrow. Tiger Direct feels their trademarked
name is being diluted by Apple "overwhelming the computer world with a sea of Tiger references" (we're overwhelmed —
are you?). At the heart of the issue are internet search results: Tiger Direct has been bumped from its usual spot in
the top three in both Google and Yahoo for a search on "Tiger." They claim Apple's use of the name is "causing
confusion, mistake and deception among the general purchasing public." Why they've suddenly realized this today and not
in any of the months and months prior during which Apple has been widely publicizing its OS would be a valid question.
But maybe they have something here, you know, because we could see how the company most often accused of developing
overpriced luxury hardware could get easily confused with the company most often associated with selling dirt-cheap OEM
PCs and peripherals. Plus, it's really hard to tell the difference between an operating system and an online merchant.
Yeah, come to think of it, we're really confused.
[Thanks, Joshua]
Reader Comments (Page 1 of 2)
iceberg @ Dec 19th 2005 1:20AM
If there is anyone here who thinks this isn't about money, think again.
Tiger Direct, purveyor of crapware is just looking to hit settlement paydirt, because they know well enough they ain't got dirt on Apple.
What next, sue Kellog's over Tony the Tiger?
Seth @ Dec 19th 2005 1:20AM
This is crap! Google lists Tiger Direct #2, and Apple's website as #4! Someone smells money...
iPodTodd @ Dec 19th 2005 1:20AM
Grrrrrrrrrrrr......
pedro @ Dec 19th 2005 1:20AM
They have no case.
Why? Simple. The company's name is *not* Tiger. It is Tigerdirect (all one word). Heck their copywright notice says c 2005 Tigerdirect. All of their literature states the website's name to be Tigerdirect.com and their catalog to be Tigerdirect.
Unless OS X Tiger magically turns into OS X Tigerdirect tomorrow, this won't go anywhere.
Draino @ Dec 19th 2005 1:20AM
How about we googlebomb with the dictionary's version of what a "Tiger" really is, and see if they try to bring the animal to court.
David @ Dec 19th 2005 1:20AM
Everyone has known about the "Tiger" name for a very long time, yet they wait until the day before the release.
I guess that their poor policies and customer service are affecting them and they need some free PR.
chuck @ Dec 19th 2005 1:20AM
wow, what a load of CRAP. honestly, people will do anything for money. tiger direct's image in my mind just plummeted, and i will not be buying from them anymore.
oh, and they're still #2 in a google search, here's a screenshot:
http://tinypic.com/4rf989
MS @ Dec 19th 2005 1:20AM
Sounds to me like a marketing scheme. To file a law suit one day before the launch of a product that has been in the works for over a year now?? And with all of the marketing from apple how is it possible that they have fallen out of the top three. Sounds to me like they should be up. Now I am confused.
Casual Observer @ Dec 19th 2005 1:20AM
I just went to the Zoo by the shortest route possible expecting to purchase an OEM computer with the latest apple operating system on it.
The cat I spoke to didn't know what I was talking about, but did offer me a piece of the haunch of whatever it was eating.
Nice chap really.
Chris @ Dec 19th 2005 1:20AM
engadget = teh funnay.
Mark @ Dec 19th 2005 1:20AM
I'm confused. Apple is suing itself for naming it's OS Tiger? Or does this mean that Tiger is the seller of hardware? Is all hardware on their site Tiger hardware? Does this mean that anything I buy from Tiger has to be used with Tiger? Man, I am confused too. Hopefully this lawsuit will sort all of this out.
Scott Williams @ Dec 19th 2005 1:20AM
It's not about money (directly). I'd bet that Tiger Direct knows they don't have a case, and there is no way they'll get that injunction. This is just to some free press. Looks like its working. And yes, I'm sure everyone else will chime in and say that they will never ever ever ever buy anything from tigerdirect again, and miss the point of advertising entirely.
kkl @ Dec 19th 2005 1:20AM
Poor Apple. Apple should sue back tigerdirect.
Tigerdirect sux, the only thing I know tigerdirect is they scam customers from rebate.
Tiger direct destroy the image of a real tiger.
Which in fact destroy the powerfullness of the new mac OS.
Sean @ Dec 19th 2005 1:20AM
This will get dismissed quickly. First they waited way too long. Its been called Tiger for at least a year. Why did they wait until a day beforehand? Are they really just crying over their lost ranking? If they had better customer service people might sneeze about them instead of an operating system. That would keep them at the top of the rankings war.
Secondly, a trademark is usually only registered underneath one class. Tiger Direct is a retailer while OS 10.4 Tiger is a software package. Those are two different classes of trademark. Most people know the difference between a software/hardware retailer and the actual products they sell. I think that most people recognize Macintosh or Apple over Tiger Direct. It will be a very hard sell for Tiger Direct.
micha221 @ Dec 19th 2005 1:20AM
Hey, I don't know what's the problem of Tiger Direct?! I think they only smell money. Tiger Direct's accusation is really really stupid!!! My god....
duerra @ Dec 19th 2005 1:20AM
I'd love to see an immediate injunction just so that I can laugh at all the Apple fanboys....
cancerox @ Dec 19th 2005 1:20AM
Long live sarcasm!
Steve @ Dec 19th 2005 1:20AM
Well if they do win the injuncture, I got my copy of Tiger today from Apple, so Tigerdirect can come and get me...
Money hungry, and what happened to that frivolous
lawsuit legislature we were hearing so much about?
CaptSnuffy @ Dec 19th 2005 1:20AM
they have no case, but
i love tigerdirect still
and i still dont like macs
san @ Dec 19th 2005 1:20AM
"I'd love to see an immediate injunction just so that I can laugh at all the Apple fanboys...."
The University of Texas could be suing Microsoft, but they won't because they don't care because Microsoft can't get it shipped!
Michael @ Dec 19th 2005 1:20AM
Next thing you know, The University of Texas Longhorns will be suing Microsoft for diluting their brand. Hmm, is Longhorn a school mascot or a bug-ridden and ridiculously late operating system that copies Tiger Direct, er, um Apple?
andy @ Dec 19th 2005 1:20AM
This reminds me of Jimmy Buffett suing the two girls who opened the "Cheeseburger in Paradise" restaurant two decades ago in Hawaii.
His motives were eventaully revealed: He wanted to capitalize on their success by opening his own restaurants under that name.
zack @ Dec 19th 2005 1:20AM
i'm a huge 'apple fanboy', have been for years and i love this!!
i love the hardware and software, but jobs is a full-on prick and deserves to be sued for any and every stupid thing that anyone can come up with, as he's done to powerpage, thinksecret, this new book out about him thats caused him to pull the publishers other books, etc etc
no, i dont think that the prices will go up as a result of something like this, and even if they did, who cares.
Doc Zaius @ Dec 19th 2005 1:20AM
Tigerdirect should get fined for adding to the long list of frivolous lawsuits we have in the justice system. It should get thrown out, just like when Spike Lee sued Viacom for changing TNN to Spike TV.
S.D. @ Dec 19th 2005 1:20AM
Did they serve Tiger Woods with Papers yet??
Wow. Those people *ARE* nuts...
Could this be A Waaaaaay late April Fools Joke??
ZildjianKX @ Dec 19th 2005 1:20AM
#19, I'm an apple fanboy too, and it's sad that I agree with you.
Karma for Apple.
Dan @ Dec 19th 2005 1:20AM
Microsoft is behind this. My friend told me. I hate Microsoft. What bastards!
William @ Dec 19th 2005 1:20AM
HAHAHAHAHAHAAHAHAAHA
HAHAHAHAHHAAAHAHAHAAHAHAHAHAHAHAHA
HAHAHAHAHAHAHAHAHAHAHAHAHA
Alex C @ Dec 19th 2005 1:20AM
Longhorns don't care because Microsoft gives us software on the cheap!
SideSwipe @ Dec 19th 2005 1:20AM
"In an unprecedented move, the continent of Asia has filed a lawsuit against Tiger Direct and Apply for misuse of the name 'Tiger' for anything other than a large feline of that breed."
I would love to see a news article like that.
Mark @ Dec 19th 2005 1:20AM
I just got back from the grocery store and boy are the Granny Smiths pissed. They definitely need to jump on this lawsuit
forrest @ Dec 19th 2005 1:20AM
I expect to see a lawsuit any moment now from Kelloggs. Obviously everyone will confuse Tony the Tiger's Frosted Flakes with Mac OSX 10.4 Tiger ;)
Rhys @ Dec 19th 2005 1:20AM
Finally, Apple get a taste of their own lawsuit-medicine.
Doubtful @ Dec 19th 2005 1:20AM
Meh, all this is publicity. Probably cheaper to sue than launch an ad campaign.
David Crowe @ Dec 19th 2005 1:20AM
#23
the cheapest academic pricing i'm finding for Windows upgrades is $89.99
Tiger will cost me $69.
Now let's try again. Who is cheaper?
Woods @ Dec 19th 2005 1:20AM
Tigerdirect is looking for some "free" publicity, whether it be good or bad. Of course they have no legal bounds on their claim.
They got us to talk about them, didn't they? I bet the next time you look for cheap crap for your computer you're going to look at tigerdirect .com first.
Bill @ Dec 19th 2005 1:20AM
Dang!
I guess Puma should have sued Apple, and Jaguar should have sued Apple as well. Those two little "nothing" companies really missed out. They should take a lesson from the playbook of big boy Tigerdirect.
Doc Zaius @ Dec 19th 2005 1:20AM
I wouldn't put it past UT to sue microsoft when longhorn really goes public. They did after all try to sue the City of Fort Worth for using a longhorn in their logo. While the horns were slightly different the burnt orange color was too close. As if the burnt orange color, or longhorns period are something associated with the west, and especially Texas.
And as for Apple getting a taste of their own medicine; I am sure if any of you had hundreds of millions invested in a new technology or product line you wouldn't sue websites or people that publish your trade secrets.
anonymous @ Dec 19th 2005 1:20AM
I think 'jank' is the word Tigerdirect should be afraid people would associate with them.
Jason Jobe @ Dec 19th 2005 1:20AM
I couldn't agree more that this is money-grubbing tactic. Maybe we should initiate a campaign to "encourage" them to "cease and desist".
Lets see, we could:
1. Call their Customer Service Dept.
2. Fax a protest letter.
3. "return-to-sender" their catalogs.
Contact info at http://www.tigerdirect.com/sectors/help/contactus.asp.
HanSolo @ Dec 19th 2005 1:20AM
Unless you're a Mac fanatic, most folks these days will equate 'Tiger' with the golfer Tiger Woods. This lawsuit against Apple by Tiger Direct is ridiculous.
HS-
Justin Dover @ Dec 19th 2005 1:20AM
If this is such a big deal, wouldn't you think the Carolina Panthers or the Jacksonville Jaguars would have similar complaints?
Billo @ Dec 19th 2005 1:20AM
I'm gonna run out and buy 50 copies of Tiger tomorrow and sell them on eBay when they get pulled. I'm gonna be a MILLIONAIRE! MooHahahaha!!!
Dean Shan @ Dec 19th 2005 1:20AM
I don't know HanSolo, I think when most people think of Tiger they see this.
http://en.wikipedia.org/wiki/Image:Tiger.jpg
tivoboy @ Dec 19th 2005 1:20AM
Man, if I didn't hate TigerDirect already (no returns, no exceptions, no talk nice on the phone, etc., etc.) I certainly would NOW just for this slimy tactic.
As IF it hasn't been announced over a YEAR ago that TIGER was going to be the name. As IF they would have to wait till the DAY before product launch worldwide to make their case. I mean, of COURSE this is about money,
but, me thinks that this is going to be more about HOW MUCH MONEY TigerDirect is going to LOSE for all the bad will and walk away clientel they are going to get because of this crappy lawsuit.
I personally, will NEVER buy another thing from TigerDirect if they make this a real case. I am going to call them now and cancel all catalogue subscriptions.
mike @ Dec 19th 2005 1:20AM
the problem is.. and I have faith in the courts, the judge will be too smart for this.. he'll just tell TigerDirect to fuck off..
seriously.. where's the confusion?? why wait until a day before Tiger launches? Why the extortion? Why not have long drawn out talks for 3 months and then come to an out of court settlement.. if they really care about this, they would have been talking with Apple since the Tiger name was announced.. (hoo boy..mid 2004?.. when was it?)
The Courts are just too smart to be abused like this...
As for Apple's Karma.. theft is theft.. people were getting their OS X builds and distributing them illegally..... then there was the soundbox thing
tivoboy @ Dec 19th 2005 1:20AM
Man, if I didn't hate TigerDirect already (no returns, no exceptions, no talk nice on the phone, etc., etc.) I certainly would NOW just for this slimy tactic.
As IF it hasn't been announced over a YEAR ago that TIGER was going to be the name. As IF they would have to wait till the DAY before product launch worldwide to make their case. I mean, of COURSE this is about money,
but, me thinks that this is going to be more about HOW MUCH MONEY TigerDirect is going to LOSE for all the bad will and walk away clientel they are going to get because of this crappy lawsuit.
I personally, will NEVER buy another thing from TigerDirect if they make this a real case. I am going to call them now and cancel all catalogue subscriptions.
Anonymously @ Dec 19th 2005 1:20AM
To answer the most pressing question first, why did they wait so long?
First, Apple's trademark application for Tiger in International Class 009 for "computer operating system software" is currently facing an opposition and is still on a 1(b) basis, intent to use.
The opposer of this mark is TigerDirect. The application was published for opposition on August 17, 2004. TigerDirect filed the Extension of Time to Oppose two days later (and filed the actual opposition in December).
That is, the Extension of Time to Oppose the mark was filed TWO DAYS after their first opportunity to oppose the registration. Hardly evidence that TigerDirect sat on their rights. Therefore, Apple has been fully aware of TigerDirect's stance since August of 2004.
We certainly aren't privvy to the exchange of cease and desist letters if there have been any. This may have indicated that TigerDirect acted before the opposition filing.
Second, they may have only recently obtained evidence of "actual confusion," which is the strongest evidence (obviously) that they will be damaged by another's use of a mark. Moreover, the Supreme Court recently held that in dilution cases, you have to have actual evidence of dilution. They may be using Google results to evidence this actual dilution. And, clearly, the closer Apple gets to roll-out, the worse their search results will be for TigerDirect.
Third, the actual "use in commerce" of the mark is where the real damage occurs. They may have been waiting until there was a high likelihood of damage to their mark and therefore, waited until the rollout. If you sue somebody a year before they use the mark, it's more difficult to build your case that there is a risk of consumer confusion (this ties in to the second).
Fourth, we have no idea whether TigerDirect and Apple have been in discussions until this point regarding settlement or coexistence agreements. These might have broken down as evidenced by the rollout.
Fifth, this is not an unusual point to sue someone for infringement or to seek a preliminary injunction.
As for the merits of the case, I need to point out that Sean at #13 is incorrect in implying that marks, as a matter of practice or a requirement, marks are only registered in one class.
In actuality, marks are quite often registered in more than one class. The only requirement is to pay the $325 fee per class and to use the mark for the goods or services listed in that class.
In addition, as noted above, Apple's application is in IC 009. TigerDirect has a registered mark, TIGERSYSTEMS in IC 009 for "computer systems comprising computers, computer hardware, and computer peripherals."
Software named TIGER for operating systems has a chance of leading to consumer confusion with the mark TIGERSYSTEMS in the same class of goods (I won't say the degree of likelihood).
The analysis of consumer confusion involves a number of factors, but of primary importance are the sight, sound and meaning of the marks, and the goods and services used in conjunction with the mark. The latter point is why it is unlikely that UT would sue MS for Longhorn: the goods and services of the respective marks are wholly different.
The fact that TigerDirect has a registered trademark in IC 009 indicates that this suit is not wholly without merit.
Although, they likely face an uphill battle. As Apple noted in their response to the USPTO's Examiner, there are quite a few "TIGER" marks in IC 009. When there are a large number of similar marks in a particular class, it indicates that the mark is weak and that the owner will have a hard time stopping third parties from using the mark.
Thus, we are not privvy to a lot of exchanges going on between the parties and the opposition in the USPTO is evidence that TigerDirect did not sit on their rights, but have been attempting to stop Apple. In addition, TigerDirect has a registered mark in the very same class as Apple's application.
francisco @ Dec 19th 2005 1:20AM
Anyone find it ironic that tigerdirect will "soon" be selling Powermac's with "tiger"
http://www.tigerdirect.com/applications/SearchTools/search.asp?keywords=powermac+tiger&image122.x=0&image122.y=0
Brandon @ Dec 19th 2005 1:20AM
Go to tigerdirect.com, search for the term "apple". Enjoy their nice redirect to the HP iPods for you!