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TigerDirect Sues Apple Over New OS

By Nate Mook, BetaNews

April 28, 2005, 5:54 PM

UPDATED Online computer and peripheral retailer TigerDirect has filed suit against Apple claiming Mac OS X 10.4, known as "Tiger," infringes on its trademarked name. According to court filings, TigerDirect is seeking an injunction to stop Apple from using the word "tiger" online or in printed materials immediately.

The lawsuit, filed in the United States District Court for the District of Florida, also claims that Apple engaged in deceptive and unfair trade practices. TigerDirect says Apple's use of Tiger "is causing confusion, mistake and deception among the general purchasing public."

The retailer owns trademarks on Tiger, TigerDirect and TigerSoftware, which appear in 25 million catalogs each year.

TigerDirect's main contention is that Apple has flooded the Internet with the word "tiger" as it relates to computers, which has 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," the lawsuit says.

TigerDirect is asking the court to permanently prevent Apple from using the Tiger name, as well as seeking damages in excess of $75,000. Apple's new Mac OS X release is scheduled to go on sale worldwide starting Friday at 6pm.

According to reports, a hearing for TigerDirect's requested preliminary injunction is scheduled for Tuesday, May 3.

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By leroy s jackson

edited Feb 10, 2006 - 11:04 PM

Score: 0

By PeteStern

posted May 5, 2005 - 1:39 PM

I've used TigerDirect, but no more. I guess they are upset because Apple won't make them an online retailer for their products. I use their competition to buy computers, software, and peripherals for my company. I suggest everyone else do the same. This type of lawsuit is frivolous, and certainly makes the case for tort reform in the USA.

Score: 0

By carnicero

posted May 1, 2005 - 12:50 PM

Apple should just buy them out and liquidate everything.

Score: 0

By ogman

posted Apr 30, 2005 - 1:32 PM

This is just further proof that we do need tort reform, but that it should be CORPORATE tort reform!

Score: 0

By jofin

posted Apr 30, 2005 - 1:30 PM

This is beginning to get really stupid. In the U.S.A and the U.K. people / companies are regularly suing over everyday dictionary words. Where is it all going to stop?
Tiger- how can you possibly claim this for yourself. We had a case fairly recently where McDonalds were taking a family to court because their fast food restaurant was called McDonalds. It didn't matter that the family business was set up before McDonalds were even thought of! We had the stupid case of the ugly (in my opinion) Victoria Beckham (of the talentless - in my opinion - Spice Girls fame) suing a football team because their nick name wash Posh. Again, it didn't seem to make any difference that the football team had been referred to by that name for decades before she was born!
What will be next? Everybody in the world called by their own exclusive name with no duplicates allowed?
Greedy lawyers win again!

Score: 0

By dhpickel

posted Apr 29, 2005 - 5:39 PM

I have been a customer of both Apple and Tiger Direct for a long time. This is very petty, for TD to claim that they can own the word Tiger. Luckily, there is enough competition, I will no longer shop with Tiger Direct.

Score: 0

By ewanddogs

edited Feb 22, 2006 - 4:18 AM

Ihave been a customer of Apple and with a couple of problems I want a new company to go to. I have been looking around, and unknowing too 2 differant people from two differant states and lifestyles as well as type of work they did, reccomended Tiger Direct. One of the men was a on line help tec. From a big on line service provider being **L. He clamed to be vey happy with a computor he bought, as well as the service and at that time gave me the web address. A couple weeks later a Loan Broker friend and I where talking computers and differant electronics ect. ,when he also recomended Tiger Direct, after buying a plasima large screen as well as other items. I think after hearing what both guys had to say about the company and looking at their web site for the first time along with this web page and the differant thoughts from the differant people around the web about this company both good and not so good. I beleave I am willing to try Tiger out. Thanks to the person or persons that create pages such as this for consumers such as myself. I will come back to this web page at a futher date and give a update on my findings on products servics as well as other issues on the matter of this company . Thank you again for your web page wanting others feedback and thoughts.
W. Griffith
Westminster, Ca.

Score: 0

By nerc0ne

posted Apr 30, 2005 - 4:23 AM

IT's ridiculus that all these apple fanboys feel they are being offended by this. If you were to check apple track record for suing companies for stupid reason perhaps you would use your brains to make good judgement... Unfortunately Apple fanclub don't have good judgement at all, what can you expect they used to use MacOS 9.> which was a peace of crap... I'm not saying that MacOS X is not good cause of course it has to be good after all it's UNIX not a software developed by APPLE... it's so ironic how they say Microsoft bites off other companies but then Again they only way there have been able to survive is by eating up unix the papa bear of all OS and putting a nice face to it. I bet you that when the linux clan catch up to all those nifty graphics GUI that you can for sure bet for the downfall of apple.

Score: 0

By Corpkev

posted Apr 29, 2005 - 7:00 AM

Kellogg's, look out Tony, "The Tiger", it's GREAT!, oh no!, Winne-the-pooh, what will "Tigger" or is it "Tiger" going to do?
This list could go on and on. Apple is not the first to infringe, come on.

Score: 0

By master of bla

posted Apr 29, 2005 - 6:27 AM

for how long it was known what name apple use for this os, and only now on launch tigerdirect realised to make free advertinsings oops defend their tm

Score: 0

By frankwick

posted Apr 29, 2005 - 9:56 AM

We don't know when the suit was filed. It could have been filed yesterday or 6 months ago.

Score: 0

By ritz_nair

posted Apr 29, 2005 - 5:57 AM

Well the next thing is the tigers of the world will unite and sue tiger direct. crap no body can own a common name, what the hell is the law doing?

Score: 0

By glasscpp

posted Apr 29, 2005 - 10:21 AM

"crap no body can own a common name, what the hell is the law doing?"

Um, how about "Apple", "Sun", "Java", "Windows", "Word"... last time I checked those were common words.
M$ went after Linspire, Inc, originally Lindows.
Sorry, just being the "devil's advocate".

I'm not saying its right, I actually disagree with the let's file a lawsuit about anything type society, but we have to face that's just the society we're in today. Just have to learn to deal with it. Let the big $$$ makers sort it all out.

cheers

Score: 0

By notomat

edited Apr 29, 2005 - 4:00 AM

Hoo, boy. Rant, rant, rant. FACT is: if you own a trademark registered in the U.S., you have rights to legal protection of that trademark, but you are also charged with the responsibility of protecting your trademark by going after those that might be infringing. If you don't protect your mark, you risk losing its registered status. That's why the Beatles sued Apple. They didn't need extra cash, and I don't think they were seriously worried about brand confusion, but they sure as hell didn't want to give up their rights to the name. That's why Apple is "suit-happy" as well. And that's why TigerDirect is suing Apple. It doesn't matter how flimsy their shipping cartons are, if they let Apple go unchallenged they diminish the legal strength of the Tiger trademark that they own. That's Trademark Law in the U.S. If you don't like it, I don't think you should MOVE, but you should at least understand it.

Score: 0

By rpavl

posted Apr 29, 2005 - 4:51 AM

NEVER NEVER AGAIN WILL I PURCHASE A DIMES WORTH OF MERCHANDISE FROM TIGER DIRECT. I DONT EVEN OWN A MAC, BUT THIS IS PATHETIC, JUST SIMPLE PATHETIC.

Score: 0

By Fidelio

posted Apr 29, 2005 - 5:38 PM

Well... you can call that "Free Advertising"... ;) Later, you drop the case and done... your brand already is in the mind of all the people that read the information during the time the case was in the courts. :)

Score: 0

By avdven

posted Apr 29, 2005 - 2:22 AM

I've been involved in two patent infringement lawsuits in the past few years (as a witness) and I'm currently working with a laywer as a consultant to see whether a client's package can be patented or not, and while Tiger's timing is rather inappropriate, they technicnally have the right to do this. The real question, however, is should they. In my opinion, no. It's absurd. They're just jealous that Apple's getting in the spotlight. As I see it, though, Apple's "Tiger" and TigerDirect's "Tiger" are unique enough that no one in their right mind (no matter how stupid or naive they are) would mistake the two. As for them being knocked from Google, they were never number 1 in the first place. And they're still number 2, with Apple in a rather distant 4th. They were never bumped. Plus, search ranking should never be a criterion for suing someone. If they had worked harder to solidify themselves on a search engine, they'd never even be threatened because there'd be no way for the #2 or any other company to catch up (such as searching for "Windows". The third choice on Google (Windows to the Universe) never has a chance of moving up past Microsoft, at least not as long as they dominate the PC market as they do). Anyway, I'm ranting. But, either way, although I don't agree with everything Apple's done in the past, it doesn't give anyone else the right to abuse the law against them.

Score: 0

By Aires

edited Apr 29, 2005 - 7:06 AM

Seems fair enough to me. If it's going to knock their sales then they're quite entitled to bring such an action. Didn't the same kind of thing happen with Firefox previously being called Firebird? I rest my case.

Score: 0

By leroy s jackson

edited Feb 10, 2006 - 11:05 PM

Score: 0

By xanax

posted Apr 29, 2005 - 1:40 AM

There's not much more to say about this case, except P A T H E T I C. Viva America!

You are free. Free to sue your mommy.

Score: 0

By bigbwai2000

posted Apr 29, 2005 - 12:14 AM

This is one of the more blatant attempts at free press I've seen, and I fear my posting helps that effort in some tiny way. I hope, for the benefit of all, that this lawsuit is dropped. No one is honestly getting Tiger Direct confused with Apple's Tiger.

Score: 0

By iamtux

posted Apr 28, 2005 - 11:39 PM

How absurd is this?! There is no grounds for this. Why would you do this the day before an OS is to be released? This is sick, makes me want to vomit. Great job TigerDirect! Brilliant I must say!

Score: 0

By AngeIDust

posted Apr 28, 2005 - 10:58 PM

This case will never see the light of day

Score: 0

By wincement

posted Apr 29, 2005 - 11:56 AM

Actually, yeah it will. TigerDirect has a case, and they are right. However, it was particularly nasty to pull this lawsuit out the day before the release.

Score: 0

By kevinmook

posted Apr 28, 2005 - 10:15 PM

Yeah, forget about the *months* that Tiger has been announced and in progress. Oh no, we're waiting until just hours before the launch. It's genius!

Score: 0

By shinigami052

posted Apr 28, 2005 - 10:12 PM

In our sue happy society, Tiger direct has the right to place a lawsuit when they feel like it so long as it falls within the statute of limitations (don't know if there is one for trademark infringement). But I think Apple deserves to be sued because with all their money they could have easily researched it FIRST to see it is it a suitable name. As for suing Tiger Woods I don't think that's possible because that is his name. Its like if your name was bill Clinton and you made a site billclinton.com. The former prez can not sue you because you have a right to that name as it is yours, but if you reserved windows.com before Microsoft did just so you could sell it to them, they can sue for trademark infringement.

I say go for it TigerDirect. Use the law to its fullest extent. Its the reason you pay taxes, its the reason you live in this country. If you don't like it, MOVE!

Score: 0

By nate

posted Apr 28, 2005 - 10:54 PM

Or, you know, try to change the system and support the person being abused by it. Wait, that is what everyone is doing by saying how ridiculous the lawsuit is.

The only options in life aren't to accept things or give up. In fact, people pay their taxes in order to have the right to change things by voting and taking part in democracy.

The real problem with America is that there are way too many people who just think they have no voice, and let the few in power make all the decisions, which are rarely in anyone's interest but their own.

Score: 0

By fewt

posted Apr 29, 2005 - 4:13 PM

Won't disagree that it's ridiculous, however I stand firm in my belief that Apple asked for it. They absolutely redefined ridiculous use of legal resources.

They deserve it, I hope Tiger wins just so Apple will get a taste of their own medicine.

Score: 0

By nate

posted Apr 29, 2005 - 8:19 PM

I never said that things Steve Jobs does aren't ridiculous :)

Score: 0

By wincement

posted Apr 29, 2005 - 11:59 AM

I agree with what you said.

I just have one little iota here:

The U.S. is a Republic, and it always has been.

Score: 0

By ricknl

edited May 2, 2005 - 3:15 AM

What does it have to with the US being a republic? Republic doesn't mean democratic. Any country can be a republic, but what is difficult is to be democratic.

Actually there are a lot of non-republic but democratic countries in the world. Example: UK, Belgium, The Netherlands...

And on the other hand, you can make a huge list of countries in the world that claim to be republic (and technically they are), but they are not even remotely democratic.

Score: 0

By zridling

edited Apr 29, 2005 - 5:36 PM

Apple has spent the last 20+ years suing anyone and anything named "Apple" — even a concrete company in my town! Live by the trademark, die by the trademark. Microsoft doesn't get the rights to the word "windows" and Apple should not have the rights to either "apple" or "macintosh."

Hey Steve "Stalin" Jobs, found any more books to ban today? Oh and thanks for taking 20 years to give us full screen video for another $30.

Score: 0

By GeneralLeoFF

edited Apr 28, 2005 - 10:10 PM

Apple even once got sued over the name apple is the funny thing. The Beatles sued Apple when they put a DSP chip in the Apple II GS. This was becose the Beatles own the name Apple when it comes to music (Apple Records).

Also they are doing it again over the iPod and iTunes.

"When Apple Computers first came into existence, the Beatles' lawyers sued -- and won -- over the use of the corporate name. The Fab Four, it was widely known, already had their own company called Apple Corps. (Ironically, Jobs admitted to naming his company as a tribute to the Beatles.) The result of the suit was a huge cash settlement and a promise that the Apple logo and name would only be used for computers -- and never for a music company."

Score: 0

By nholland

posted Apr 28, 2005 - 8:30 PM

Tigerdirect is a business like any other business they are protecting there name, the lawsuit timing is iffy but one thing is for sure if Intel came out with the Pentium Athlon processor 5 I guarantee AMD and Intel would get into it... Tiger direct Holds the rights to "Tiger" "Tigerdirect" and "Tiger software". Not only are they an online retailer but the company is owned by Systemax that builds computers and software solutions…

Score: 0

By eunichman

posted Apr 29, 2005 - 3:09 AM

The name "Tiger" has been a trademark name for Tigerdirect for at least 5-10 years. They should have approached Apple at the onset and instructed them (an possibly had them served with a court order to cease and desist) the use of the name Tiger on their new operating system. past that, Tigerdirect has evbery right and responsibility to sue apple as we all know that them kindly asking apple to drop the name tiger will do nothing. So, yeah, sue apple to cease the use of the name Tiger on their os. When a company patents or copyrights a "trade name" that in itself has certain protections, one is the misuse of the trademark name (in this instance - the name "Tiger") as a promotion of something other than the trademark bearer';s intended use.
This is not a frivilous lawsuit and even though I despise Tigerdirect (I have had several bad experiences with their false and/or misleading advertising as well as their customer support - however, I believe that they are in the right in filing this lawsuit.

Score: 0

By lazarus98

posted Apr 28, 2005 - 11:18 PM

Giving a company the rights to the word "Tiger" in itself is absolutely absurd... Almost as stupid as giving Microsoft the rights to "Windows"
Who are these nameless fools that give rights away to common objects. That should be outlawed if anyhting.

Score: 0

By Amigatech

posted Apr 29, 2005 - 3:22 PM

And if previous cases and their outcomes are relevant, look at what happened when Microsoft sued the upstart company "Lindows" just because the name "sounds like" Windows. Since then, Lindows was renamed to Linspire. Based on that, TigerDirect may have a chance of winning.

Score: 0

By bleh427

posted Apr 28, 2005 - 7:11 PM

Can't say I didn't see this one coming somehow some way. TigerDirect is a truly horrendous company. My experiences, along with everyone elses that I know, have been nothing but horrible.

I guess maybe when TigerDirect learns how to stop shipping refurbished computers as new and learn to ship on time without breaking everything in the box they'll learn, at the same time, how to avoid issuing frivilous lawsuits.

A few minutes later pigs will fly and hell will freeze over.

Score: 0

By wincement

posted Apr 28, 2005 - 10:12 PM

Bad shipping is never the fault of the retailer - it's the fault of the shipping company. You can't blame Tigerdirect for UPS (for example) dropping your package a million times.

Score: 0

By eunichman

posted Apr 29, 2005 - 3:11 AM

I tend to blame the shipper not the shipping agancy when every package that arrives from the shipping agent (ups) except those of Tigerdirect all arrive unharmed. Every iterm I had boiught from T.D. has always arrived looking like someone played soccer with the thing before it got to my door

Score: 0

By AlanRivaldo

posted Apr 29, 2005 - 12:51 AM

How about for shipping in the flimsiest boxes possible?

Score: 0

By bleh427

posted Apr 29, 2005 - 4:35 AM

Yep check the Better Business Bureau, it is like the worst nationwide online store in the US. the absolute worst. and anyone wh knows anything about purchasing electronic equipment of the internet will tell you the same thing. and instead of issuing a warning to Apple they sue them the day it comes out? its called desperation, kind of like the feeling you get when they sell you a piece of crap refurbished computer. maybe theyre trying to get something in common with their customers?

Score: 0

By wincement

posted Apr 28, 2005 - 6:58 PM

"The retailer owns trademarks on Tiger, TigerDirect and TigerSoftware"

They have a case. Although why they waited until the day before its release is EXTREMELY questionable. I wonder what beef TigerDirect has with Apple. This is a pretty nasty play on their part, even if they are right.

Score: 0

By fewt

posted Apr 28, 2005 - 7:59 PM

Maybe they are buddies with that book company that Apple just tossed out.

Could also be that one of their higher ranking employees was one that they demanded the return of Tiger from.

Could be any number of reasons, Apple is a sue happy send our ambulance chasers after anyone company now. Honestly, they deserve it.

Score: 0

By Electrick Gypsy

posted Apr 28, 2005 - 6:55 PM

....and how long have we all been reading about Apple's new release? TigerDirect have had more than enough time to air their concerns.
Why have they waited until the 11th hour?

Score: 0

By kerebos

edited Apr 28, 2005 - 6:38 PM

The Animals Rights files a law suit against TigerDirect.

jokes

anyway what kind of judge would let this through, Apple should counter sue for TigerDirect being an inconvenience to them.

Score: 0

By GiZiM

posted Apr 28, 2005 - 6:29 PM

Who are they going to sue next Tiger Woods?

I'm sure a few weeks ago when Tiger won the Masters there was a dip in there Google rank but they didn't sue.

Clearly they just want money

Score: 0

By frankwick

posted Apr 29, 2005 - 9:59 AM

If Tiger starts selling software, I'm sure there will be a suit.

Score: 0

By AngeIDust

posted Apr 28, 2005 - 6:28 PM

for not honoring rebates they are terrible.

Score: 0

By AlanRivaldo

posted Apr 29, 2005 - 12:53 AM

...they had been - be several Attornies General a few years back.

Score: 0

By randal2k

posted Apr 28, 2005 - 6:12 PM

Tiger and animal.. TigerDirect a computer store online.. Tiger OSx a update to apples OS.. Tony the TIGER.. a cereal spokes-toon.

TigerDirect is up to something. Who's hand is up the CEO's Arse?

Score: 0

By comctrl6

posted Apr 28, 2005 - 6:07 PM

What is TigerDirect trying to prove here? Jeez, I mean c'mon.

Score: 0

By Jsunjb

posted Apr 28, 2005 - 6:54 PM

The suit seems to be working. Look how many time you see “TigerDirect” on this page…

Score: 0

By budl41

posted Apr 29, 2005 - 4:06 PM

It is indeed a shame that, when Apple made the unfortunate decision to use "Tiger" to name its newest operating system, they failed to consider the very negative connotations associated with that word by customers (mostly former) of the TigerDirect. How many have been bilked "every which way but up" by "Tiger" through the cat’s totally despicable and dishonest practices?

TigerDirect's attitude seems to be that there are enough suckers out there looking to buy "on the cheap" that they will be able to replace those they've screwed with new customers, at least until the owners have enough bankrolled and are ready to retire (probably concurrent with bankruptcy, since they will have by then “milked” the company dry). As others have mentioned, this could be an act of desperation on TigerDirect's part. Have they already run out of naive customers?

Some people get satisfaction believing (not from being judgmental but merely from a reasonable level of discernment) that because “what goes around comes around,” there will be a sort of karmic reward for the people running TigerDirect. Assuming the veracity of the “Hell’s Fire and Damnation” brand of Christian doctrine, could it be that sometime in the future, “on the other side,” the evil ones will be in "good" company with the more prominent Right Wing Republicans and Halliburton connected Texans? (and one wouldn’t want to discount the possibility of maybe even a few top Apple executives?)

Score: 0

By fewt

posted Apr 29, 2005 - 4:15 PM

Apple had enough legal resources that there is no excuse for them to not have known of the risks of using the name Tiger for their OS.

I'm sure they expected this, they are the kings of frivilous use of our nations laws.

Score: 0

By ArKay74

posted May 2, 2005 - 8:35 AM

Same should go for SUN then? How about Java 5, a.k.a Tiger?

Score: 0

By fewt

posted May 2, 2005 - 8:48 AM

Absolutely

Score: 0

By nerc0ne

posted Apr 30, 2005 - 4:27 AM

You couldn't have said it better...
APPLE = Frivilous
"they are the kings of frivilous use of our nations laws"

Score: 0

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