Apple Gets Win in 'Tiger' Trademark Suit

Apple has scored an early victory in a lawsuit brought against the company by TigerDirect, which alleged Mac OS X 10.4, known as Tiger, infringed on its trademarked name. U.S. District Court Judge Joan Lenard rejected TigerDirect's request for a preliminary injunction forcing Apple to stop using the word tiger.

"There is greater risk of damage to Apple from granting the injunction than any potential harm to TigerDirect from Apple's use of Tiger marks," Lenard wrote in a 56-page decision, according to AppleInsider.

TigerDirect filed the suit last month, just days before Apple's new operating system was slated to go on sale. The online retailer claimed Apple engaged in deceptive and unfair trade practices and that Apple's use of Tiger, "is causing confusion, mistake and deception among the general purchasing public."

The main issue revolved around search engines; TigerDirect says Apple's Mac OS X 10.4 launch has flooded the Internet with references to "tiger" and knocked the retailer from the top of search results on Google, Yahoo and MSN.

"Apple Computer has created and launched a nationwide media blitz led by Steven Jobs, overwhelming the computer world with a sea of Tiger references," TigerDirect's lawsuit said. The company asked for $75,000 in damages.

But Judge Lenard disputed that Apple adopted the Tiger name in bad faith and rejected claims that any confusion would arise among customers.

"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," Lenard said.