The Tiger suit is off

It took them 56 pages to say "TigerDirect, you're craaaaaazy," but a U.S. District Court for the District of Florida has denied TigerDirect's request for injunction against Apple over the use of the "Tiger" nickname. They were asking that Apple be enjoined from using the "Tiger" moniker to promote its new operating system (Mac OS X 10.4 Tiger, natch) anywhere on its web site or in any new advertising, packaging or signage. We're pretty sure the key witness in this case was Senior VP of Marketing Phil Schiller, who testified that Apple "had engaged in a practice of naming updates to Mac OS X after large predator cats in order to convey the strength and speed of the operating system" — the man speaks truth. They also presented evidence from a survey that revealed only 6 percent of consumers associated the name "Tiger" with TigerDirect. We'll take it upon ourselves to summarize the 56-page ruling by Judge Joan Lenard in colloquial terms: "Any fool who shops at both Apple and TigerDirect will be able to distinguish between the two outlets." Say it, Joan!

[Beefy @ Dec 19th 2005 1:21AM]

tigerdirect=0wn3d
w00t! 1stpost!

[Farhan Hafetz @ Dec 19th 2005 1:21AM]

actually, i don't think they could've won in the first place. but rather, a dirty marketing trick. i mean, before this i've never even heard of TigerDirect. and engadget's giving them more free publicity. they're just trying to associate (or disassociate?) themselves with a big player to grab attention. lawyer fees aside, it's near free advertising.

[narco @ Dec 19th 2005 1:21AM]

Yep, I agree with the second post. TigerDirect didn't have a chance in hell and they probably knew it. But they fed off the success of Tiger at the right time, now more people know who TigerDirect is.

Fishes,
narco.

[Malfoy Roark @ Dec 19th 2005 1:21AM]

2,
Unless you are some important person of some marketing/research firm, you not knowing who Tigerdirect is means nothing.

http://www.google.com/search?q=tiger

Note in what order Tigerdirect and Apple appear.

Other search engines have different orders obviously. Altavista put Apple first, msn put tigerwoods first, etc. But since Google is the standard by which search is set I chose them.

It was about as much of a marketing ploy as Apple suing Thinksecret and company.

[uclatommy @ Dec 19th 2005 1:21AM]

I knew tigerdirect long ago when they were just a mail order catalogue. I've never had much interest in thier products because they are pretty much all crap. Lots of refurbished stuff. Now in addition to selling junk, they look like idiots.

[Jesus Christ @ Dec 19th 2005 1:21AM]

i just cant wait for MacOS 10.8 Liger

[wol @ Dec 19th 2005 1:21AM]

ya sure, why don't tigerdirect sue tiger balm?! or it should have been the other way round since tiger balm has been there since the 1920s!
i doubt anyone in tigerdirect company was born before the 1920s...doh!


www.tigerbalm.com

[Farhan Hafetz @ Dec 19th 2005 1:21AM]

Malfoy,
if you were someone looking for cheap pc products, why would u type in the word 'Tiger' in google? if u are specifically looking for TigerDirect, and u did type Tiger specifically to find that particular company, would u idiotic enough to confuse it with an operating system?
also, it's a shame that Apple did pretty much the same thing with ThinkSecret (albeit having stronger grounds). well, what goes around comes around.

[Farhan Hafetz @ Dec 19th 2005 1:21AM]

btw, even when u do search for tiger in google, 5tigers.org comes out first (save the tigers my friends!), tigerdirect comes second, and apple comes third. so what's the prob?

[Lars Groeger @ Dec 19th 2005 1:21AM]

Hopefully Tigerdirect has to pay the full all Lawyer Fees , Apples included. Anyone knows , how this was solved ?

[Timothy @ Dec 19th 2005 1:21AM]

Interestingly enough, if you enter "tiger computer" as a Google search, Tigerdirect still comes up #1. Now - if you were looking for that cheap comptuer site and all you could remember of the name was "tiger" - would you be likely to enter "tiger apple os"?????

Honestly - Apple's use of the Tiger moniker is more likely to be increasing hits at tigerdirect.com than diluting their exposure, as people looking for info on the Mac Tiger OS enter "tiger computer" as a search.

[Rus @ Dec 19th 2005 1:21AM]

"'... a shame that Apple did pretty much the same thing with ThinkSecret (albeit having stronger grounds). well, what goes around comes around."

Apple did pretty much the same thing; how?

Think Secret acquired and used stolen business plans from Apple ... how does that relate?

[Lawrence Han @ Dec 19th 2005 1:21AM]

Beware, I think Liger came from 'Napoleon Dynamite'. Next thing you know, the small movie company will sue or something like that. LOL.

[Piru @ Dec 19th 2005 1:21AM]

Liger didn't 'come from Napoleon Dynamite', it is an actual word...a cross between a lion and a tiger.

http://www.google.com/search?q=define:liger

[B Smith @ Dec 19th 2005 1:21AM]

Best Buy .com has affiliation nor concern for corporate success. made a large purchase online and told to pickup at a local store. the store told me it was only available at their store and must purchase at thier store. i had to cancel my online purchase at home. in the process i lost a financing deal promised. after numersous calls to best buy, no one was willing to fix the problem. i am returning the product and purchasing from a competitor

[dakku @ Dec 19th 2005 1:21AM]

Hi,
If you are a fan of Mac OSX and use a symbian nokia such as 6630 or 6600, download my Mac OSX theme from http://www.dakkustudios.co.uk This exclusive theme is based on apple OSX interface. I hope you all like it.

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[watanabe @ Dec 19th 2005 1:21AM]

Hey, Its not a falacy but a soothsayers word dude.
You rawwwwkkkssss.. as the tiger dances and sways to the rythm of the OS...>>crazzzyy<<

watanabe

[23552 @ Dec 19th 2005 1:21AM]

Personally, the web has zonked any strong political values, from the next generation.I am certainly not a computer junky. In society as a all, unless you learn interact with neighbor, like him or not, we will continue to slay and attack our fellow man.
(So, If there's someone, something that needs to be amended, please, just do it. It does not matter how bad you make the person look on 92, his feelings have been hurt, make him your buddy,again.. )
"In the words cheesie words of Lienol Richie: Hello"

[Katka @ Dec 19th 2005 1:21AM]

hedus

[sude @ Dec 19th 2005 1:21AM]

all

[Norman Gonmana @ Dec 19th 2005 1:21AM]

I don't think they could've won in the 1st palce in the honest competition It is rather, a dirty marketing trick. I mean, before this i've never even heard of TigerDirect. Engadget's giving them more free publicity. They're just trying to associate themselves with a big player to grab attention. lawyer fees aside, it's near free advertising.

[stephen @ Dec 19th 2005 1:21AM]

As a practicing criminal defense attorney, I must say that the proliferation of, well, what appear to be 'dumbass lawsuits' (to use the technical, latin phrase) amazes me! Theories of marketing aside, there are young lawyers, fresh out of law school, who look a this and wonder 'how can I say this with a straight face?' The firm partners would reply: 'But that's what the client wants and is willing to pay for,' so most never ask it out loud. www.cobblawfirm.com