Correct me if I am wrong but I was the under the impression that to keep a trademark you have to point out to an infringer as soon as possible otherwise you risk losing use of the trademark as the term has followed into common use. Given that it has been public knowledge for the last 9-12 months that Apple has been using Tiger as the name for its OS, you can strongly argue that by allowing Apple to publicly use the name with challenge they have lost the trademark.

Also they should have notified Apple as soon as it was public, rather than the day before the product launch. A Judge would probably see that no good faith attempt has been made to resolve the case before going legal and kick the thing out as a waste of time.

Plus with 'Tiger' being a common word it would be difficult to claim an exclusive use.

Basically the whole thing is something to keep the lawyers busy.

buhahahahahahahaha.....

These guys smell money and they must have a lawyer who needs a new boat. Who the h*** is going to confuse a catalog store with Apple's New Operating System? No one. "Damn! I was calling to get a free catalog and I ended up paying $129 for this DVD?!" or "Blast! I paid $129 for this new OS and all I got was this lousy catalog."

I think TigerDirect is using this a marketing ploy. Gaining exposure at the height of "Tiger" popularity.

great - a lawsuit because Google results have changed...

I read that Kelloggs Corp was served with papers also. Tiger Direct couldn't locate Tony the Tiger, so they served the parent company.

That ticking noise you hear is the countdown to a world with one less Apple reseller.

Another ridiculous, frivolous lawsuit for Apple. But, hey, Apple hasn't been behaving very well either, and has been causing some of its users grief lately. Of course, regardless, two wrongs don't make a right.

Does that mean that the University of Texas can sue Microsoft for using Longhorn for the next version of Windows?

;-)

Maybe a little grass roots pressure to get them to go away?

1-800-800-8300

Call and ask them if they are carrying the new release of OS X "Tiger" since their website was the first thing you could think of when looking for a retailer...

I'm suing because my SERPS have changed. I'm going to law school.

http://www.tigertech.com/

They at least make software for the Mac...they should join on the suit...

Thhhaaaattttttt's GREAT. Next thing you know they're gonna sue me!

Sincerely, Tony T.

How catty can they be?

This is ridiculous... being a computer hw/sw reseller Tiger Direct knew that Apple was going to use this name for a loooooooong time. They should have done something about it, when they first found out, not 9-12 months after.

They need to grow up.

Their website is not even Tiger.com, it is Tiger Direct!!!! It is like Apple and Apple Pie. Hm...

They go and s**** themselves.

Just did a Google on the word "tiger". Tiger Direct lists as the second hit, two above the first reference to Apple. So at least on Google, they still show up in the top three.

I'm not going to defend Apple where they don't deserve it, but this is a totally meritless claim. For one thing, the USPTO only has 7 listings for Tiger Direct, Inc, and none of them are for the word "Tiger".

Furthermore, the ones they do have registered are all for "Mail order services featuring computer hardware and software." with the exception of "TigerSystems", which is for "Computer systems comprising computers, computer hardware, and computer peripherals."

None of those, so far as I can tell, have anything at all to do with an operating system, and I see no legitimate claim to be made that there's any sort of significant overlap that would affect their business. There are of course dozens of different "Tiger" (just the one word) registered trademarks (some far closer in purpose than the OS to TigerDirect), but since none of them are for software or an OS, there's no problem.

They waited until today to file for publicity, period. It's a baseless claim, will probably be thrown out immediately, and makes me dislike them even more than I already did.

Now, if Apple ever opened the "Tiger Store", then perhaps there'd be something of an argument to be made, but that ain't the case.

Those silly Floridian businessmen do think up the craziest scams to make money.

Fact is, even if Apple code-named their new product "p**** Cat" it would have more HEAT, than this lackluster Floridian company. TigerDirect's covert action to sabotage a good company's decent product launch should be thrown out right away. Just because TigerDirect doesn't want to sell Apple merchandise, doesn't give then the right to wage war on them. I don't see any upside to this drunken legal ploy.

Thank Jesus that TigerDirect doesn't have my mailing address any longer! They would likely lose my personal information or sell it to scam artists. Shameful practices, shameful people.

I agree with trip.

This is a company that still uses the inane practice of mail catalogs to sell technology products. They know the lawsuit will be thrown out immediately and the legal fees were minimal. But they will now be mentioned in every mac enthusiast web site for the next few days. It is a very cheap way to ride the coattails of the OSX marketing blitz.

I agree, they are doing this for the publicity that they can get this way.

The Detroit Tigers have given the word "Tiger" a bad rep for years. Tiger Direct really should be going after them...

... you would think the idiots would have done this earlier... you know, more than a year ago when the OS was given the name 'Tiger'...

Hrmm I'm also surprised Tony the Tiger from Kellogg's does not get sued for this.... quite pathetic

PETA suing Apple for using animal names. It's an insult to animals to name software after them.

That's hilarious. If you've ever tried to order anything from Tiger Direct, you'd know what kind of wankers their "customer service" reps are.

It's true they spam you...even if you've cancelled your order because they said the product was in stock when it actually wasn't.

Apple should be able to get this dismissed quickly if the following is correct. Sounds to me like TigerDirect is just looking for publicity.

"According to the U.S. Patent and Trademark Office, Apple registered four new trademarks in early July (2003): Cougar, Lynx, Leopard and Tiger. All four were filed under the "computer operating system software" category."

http://www.microsoft-watch.com/article2/0,4248,1205653,00.asp

s**** Systemax (d.b.a TigerDirect). They are a feeble non-innovating box-pusher, compared to the creative and daring Apple. This ragtag unit pulled in 1.9 Million last year compared to Apple's revenue of 11.1 Billion USD. Talk about TIGER ENVY.

Lynx is a text mode web browser! Apple has a web browser in its OS! OMG! Someone's gonna sue! :)

I'd like to announce my new company: "LionDirect". We will be selling blank CDs until Apple launches 10.5 in 2006-- at which point we intend to litigate and win. We are gambling that this will be our retirement fund. Thank you, a loser in Florida.

I have checked with Tiger Direct and there is NO LAWSUIT.

The story is a HOAX!

I just got an email from apple saying my preorder shipment for tiger will not ship or arrive at the promised time.

Wasn't there a Tiger-branded computer in the early 80s? If so, is this the same company?

All I can say, is if I go to the Apple Store tomorrow and can't get Tiger because of same lame company I'm going to be really miffed.

I wouldn't trust any judges to do the right thing... they tend to have a habit of doing the exact opposite.

I can't find this story outside MacNN or AI. Nobody else is carrying it, and neither MacNN nor AI have provided an external link...

It's not on news.com or cnet.com or theregister.com or macintouch or Macfixit or MacCentral or Google...

Is it real or not?

Are they idiots. How can they sue over an animals name did they trademark the tiger animals all over the world. Idiots idiots idiots. Than again this can be a marketing ploy by apple to get there name in any and every news outlet.

Wow, not only will Tiger Direct *permanently* lose all their Mac customers, they'll lose this lawsuit as well ... Apple has been showcasing this name and brand identity for OVER A YEAR.

This a publicity stunt with as much legal merit as Apple suing Tiger Woods (as some wag before me pointed out). Pay it NO heed, except long enough to write a "you're on my s*** list forever" note to Tiger Direct.com ...

Is this a hoax ? Is Macnn.com the 'Star' of mac news sights that they list "news" articles based on nothing ? what's is next alien babies use OSX in pre-school. Somebody from Macnn please clrify what warrants listing news items on your site? Did Tiger Direct pay you ? or is this not a hoax as posted in comment by user earlier ?

Just searched Bloomberg.com... I can't find the story there either.

Tiger Direct, cocksucka!

this is the most ridiculous thing ive ever heard...well at least since the WWF (world wildlife fund) sued wwf (world wresling federation). this is just stupid. how about this... i thought tiger direct sold frosted flakes and real tigers. ILL SUE!!!!!

http://quote.bloomberg.com/apps/news?pid=conews&tkr=AAPL:US

Thanks Orisis. It would be nice to find out if this is real or a hoax. Looks like MacNN is not hoaxing us. Is bloomberg ? Anyone know how to find out if this lawsuit is legit ?

not a hoax. Yes, even in the days of the internet, business news can be scooped! I suppose we will learn in the coming days if the "hoax-idea" is real, or just a doubter posting away.

My copy has shipped and I'm keeping it.

Now I remember why I never went to lawschool. I wanted to be able to live with myself.

It's real -- BusinessWire has TigerDirect's press release:

http://home.businesswire.com/portal/site/google/index.jsp?ndmViewId=news_view&newsId=20050428006082&newsLang=en

I can not see any reason they would not pose this issue atwo years ago when this name first started being used.

The good news is that I am sure that Apple has better laywers than some annoying online reseller.

Personally I just officially stopped buying there.

Cheers

I did a Google search and clicked *I'm Feeling Lucky*. It brought up the website http://www.5tigers.org/ . An actual website about actual TIGERS.

Is TigerDirect going to sue them now?

And isn't there precedent for not allowing trademarks of animal names? I mean it's just plain ridiculous.

Lions and Tigers and Bears, oh my!!! I can't imagine what the brain trust at TD expects to accomplish with this frivolous suit, except to harm their own image. Also, this will certainly hurt TD's chances of becoming an Apple reseller.

I hear now that Microsoft is jumping on the bandwagon. They have just filed a lawsuit against a Rwandan wildlife preserve over the use of the term, "800 pound gorilla." Or was it, "lame duck?"

When you file for a trademark here there is a time when the government publishes your intent to use for comment and lets anyone who potentially has an objection make their case...since Apple was issued the marks in July 2003 I would assume that the notice was made in 2002...this is just a PR attempt...since the mark was issued to Apple, Tiger Direct made no attempt to oppose then...now it's a stunt...

I have confirmation there IS a lawsuit.

I have spoken to Tiger Direct in Canada and they have given me a phone number to contact to discuss the issue. They are not allowed to discuss it with anyone when you call the main numbers so dont bug the poor guy on the phones.

Call 516-608-7000, that is investor relations for the parent company.

The guys actually said "Why would they care?" when I told him I was on a site for OS X users who were pretty pissed about this right now...

Me no pleased...

what about going after Kellogg's for Tony the Tiger? this is a meritless lawsuit -- if it was such a big deal, file the suit months ago, not the day before.

seems to me as if TigerDirect simply wants an out-of-court settlement - a money grab.

About Tigers and computing, there's also Java-Tiger. Could they sue/be sued too ?

While I certainly waddled agree this is a tempest in a teapot, the very thought of Jubs being led away in handcuffs makes me giggle. I mean, pulling all the Wiley books from their stores because he couldn't get them to abruptly cancel a book because it doesn't gush on about him like some fanboys do!

The CS rep said they had been told about this - but I told him he mnay want to send a heads-up someone who can check out the major boards, slashdot etc - they the net result being they are fast becoming the laughingstock of resellers.

By the time this gets to court, Apple will be on to the next "big cat" release....

Perfect timing to get free exposure. Now they have thousands of people flocking to their site to find out who they are and what they are about.

Word Mark TIGER Goods and Services IC 009. US 021 023 026 036 038. G & S: computer operating system software Mark Drawing Code (1) TYPED DRAWING Serial Number 78269988 Filing Date July 2, 2003 Current Filing Basis 1B Original Filing Basis 1B Published for Opposition August 17, 2004 Owner (APPLICANT) Apple Computer, Inc. CORPORATION CALIFORNIA 1 Infinite Loop Cupertino CALIFORNIA 95014 Attorney of Record John Donald Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE

P R E S S _ R E L E A S E:

April 27, 2005: For immediate release. Considering that we have no new products to announce, today Systemax (aka tigerDirect) has filed a lawsuit in the U.S. Courthouse Dade County federal courthouse alleging that Apple Computer has caused Systemax and our subsidiary tigerdirect harm and loss of business. Apple computer's aggressive and relentless marketing machine has dwarfed our direct mail efforts to scam thousands of customers. Customer's all over the country are seriously considering buying an Apple Macintosh product (PowerMac, iMac, eMac, iBooks, PowerBooks) which come pre-installed with a powerful and secure operating system - Mac OS X 10.4 (aka TIGER). Currently Systemax does not build our own highly secure personal computer. We wish we could build and sell you a stable and secure Macintosh-like experience, but as of this time, uh no, we cannot. If you are contacted by crazy consumers, or by Republicans sick and tired of nuisance lawsuits, please abstain from comment and refer the caller to our corporate affairs office: Dwight Leeds, son of d*** Leeds our gentle CEO. Until this case is dismissed from the lower courts, we pray that our company enjoys an short lived increase in web traffic and perhaps a few more sales of our great SYSTEMAX products. God bless our little company. CEO Richard Leeds [=]

these guys are in deep doo doo: http://www.tigerbeer.com

how azzholes can abuse the courts. these people have about a zero chance of getting anything. they are doing it for free publicity.

I own Longhorn Vacuum Service. I think I'll sue M$.

Where's the overlap? We both sell products that suck!

Tony the tiger wins a round (old news item)

WASHINGTON (AP) — Let the fur fly. Tony the Tiger can go to court against another well-known cartoon trademark: the tiger in the old ''Put a Tiger in Your Tank'' advertising campaign.

On Monday, oil giant Exxon Mobil Corp. lost a bid to head off a trial over whether its cartoon tiger violates cereal-maker Kellogg Co.'s trademark for Tony. The Supreme Court, without comment, let stand a lower court ruling that it isn't too late for Kellogg to make the trademark claim, even though both trademarked tigers have been around for more than 30 years.

Trial is set for Jan. 16 in federal court in Memphis, Tenn.

''We're pleased that we'll finally be able to present our case,'' Kellogg spokeswoman Chris Ervin said.

Do a search for "Tiger Direct Sucks" on Google and you'ed think that does them more harm than Apple's Tiger...

http://www.google.com/search?q=%22tiger+direct+sucks%22

None of you are old enough to remember PT Barnum, but probably Larry Flint. Steve Jobs fits into either catagory perfectly ... suggest you read iCon, Steve Jobs The Greatest Second Act in the History of Business.

(But of course you won't find it at a Apple Store, they apparently Ban certain books, odd behavior by a liberals company)

Everyone order a catalog to show our interest and the ad budget goes to....

TigerDirect is suing Apple for damages while actually promoting Apple's Tiger. They have listings for the following three Apple computers:

POWERMAC G5/2000 DP 512MB-160GB SD ATI9600 TIGER

POWERMAC G5/2300 DP 512MB-250GB SD ATI9600 TIGER

POWERMAC G5/2700 DP 512MB-250GB SD ATI9650 TIGER

They don't list the OS as Mac OS X 10.4; they list it as "Tiger". If TigerDirect markets Mac OS X 10.4 as "Tiger", what's their beef with Apple doing so?

I guess the car company "Jaguar" missed the boat.

Maybe Kellogg's Cereal will get in on the lawsuit because of Tony the Tiger.

..train.

There is no confusion whatsoever among consumers. Not one reasonalble person gets confused between TigerDirect and MacOS X "Tiger".

Also, one cannot simply trademark common words such as "Tiger." The courts decided that long ago. Tiger means a big cat with stripes. Now, one could trademark "TigerDirect" or "MacOS X Tiger" because those reference specific things and are not "common language" terms.

What, is TigerDirect going to sue everyone in the country that references a tiger somewhere in their name or product name? I think not. They are just looking to get big publicity from this. Any "reasonable person" or judge will throw this frivolous lawsuit out on it's ear.

In my opinion, TigerDirect is hurting their public image. I will think twice about buying from them now, and not because it's Apple they're suing; it's because it's a frivolous lawsuit - sharks and wasting our court system's time really, really irritate me.

Dave

BTW, I just did a Google search on the word "tiger". You guessed it. TigerDirect was the 2nd reference found; Apple was the 4th reference. So much for one of TigerDirect's arguments in their complaint regarding search engine results.

Also, the search returned hundreds of links to other companies and products. What, is TigerDirect going to sue Tiger Airways too? Lame. Frivolous, frivolous, frivolous.

Dave

There is a difference:

Apple = Tiger - state of the art operating system - sweet!

Tiger Direct = Been selling cheap pieces of c*** since 1987.

Their "trademark" isn't valid so long as Apple doesn't name a store "Tiger Direct".

Besides Exxon coined the term "Put a Tiger in your Tank" in 1950s, referring to their gasoline. So I guess Tiger Direct get's sued by Exxon!

And Tony the Tiger has been advertising Kellogg's Sugar Frosted Flakes since 1952. And Princeton University teams have been named the Tigers since 1880. And....

Only when everyons is suing everyone else will all the lawyers be happy.

Quote : "Do a search for "Tiger Direct Sucks" on Google and you'd think that does them more harm than Apple's Tiger.."

I actually did and oh my god: I will never ever ever buy from them now. They have more poor references thatn any company I've ever done this for. What were they thinking. They're probably going to get thousands of extra hits due to this publicity stunt and think hooray ! until they discover sales going down!

As I am also a customer of TigerDirect (and I have always been happy with my purchases), I took the liberty of contacting them using the eMail form at their website:

http://www.tigerdirect.com/sectors/Help/contactus.asp#email

then scroll to the bottom of the page.

I told them that anyone who was stupid enough to confuse OSX Tiger and TigerDirect is not capable of using a computer; therefore, ipso facto, there could be no confusion. However, just to make my point, I asked them if they would like me to stop purchasing from TigerDirect in order to prevent my $$ from lining a lawyer's pockets.

I would suggest that everyone send them eMails strenuously objecting to their madness. While I know that Apple can defend itself against such a groundless action, it's such a waste of money for everyone involved.

Tony the Tiger, Tiger Milk, Tiger Woods, Eye of the Tiger and Crouching Tiger, Hidden Dragon (2000). All exist in harmony. Yet Tiger Direct can't allow Apple to use the name Tiger for 12 - 18 months, after which it will be superceded by another name. Go here to unleash the Wrath: http://www.tigerdirect.com/sectors/help/contactus.asp

And Clemson Tigers, and Detroit Tiger, and Bengal Tigers.. ahh wots the use.

It's only fair that Microsoft be sued by Longhorn Steak House if this goes anywhere

Tiger Direct currently sells iPods. They don't currently sell Macs (at least I did not find any when searching their web site), but they may want to in the future as the Mac marketshare grows.

Maybe they will get some money from Apple for this stupid stunt, but that will be nothing compared to the potential long term loss of revenue caused by Apple no longer doing business with Tiger Direct (as a reseller of Apple products). Steve Jobs has a very long memory... Tiger Direct needs Apple to be their partner, not the enemy.

Somebody might sue Microsoft for using the Word Windows in the operating System. We have been producing Windows the last x** Years. Microsofts use of the word windows has a direct effect on our page ranking on Google. Jesus Christ all mighty.

absolute idiots.

they have now removed the g5/with tiger from their inventory, as referenced in another comment. sign of a scraggy little cat quietly retreating in shame.

if they had sought action at the first mention many, many months ago, regardless of whether you think they had the right to, their motives would not be blatantly opportunistic like this.

i hope they get slapped in the face purely for this intent, and i hope people stop buying from them and they go bust. i cannot stand this compensation culture whether it be corporate or individuals.

absolute idiots.

they have now removed the g5/with tiger from their inventory, as referenced in another comment. sign of a scraggy little cat quietly retreating in shame.

if they had sought action at the first mention many, many months ago, regardless of whether you think they had the right to, their motives would not be blatantly opportunistic like this.

i hope they get slapped in the face purely for this intent, and i hope people stop buying from them and they go bust. i cannot stand this compensation culture whether it be corporate or individuals.

That would not be grrrrrreat!

In two related news stories, Tony the Tiger is suing Tiger Direct for using his name in vain, and Bob's Apple Farm is suing Apple for using the word "Farm" in a brochure.

If you look at the press release at http://home.businesswire.com/portal/site/google/index.jsp?ndmViewId=news_view&newsId=20050428006082&newsLang=en (as another commenter pointed out), the big problem is really with "Tiger Central", not Mac OS X Tiger.

I haven't gone to Apple's "Tiger Central" but I guess you could say someone could be confused with "Tiger Direct" and "Tiger Central", especially since "Tiger Central" supposedly sells products by other companies other than Apple.

What I don't understand is why Tiger Direct didn't simply ask for an injunction against the use of the "Tiger Central" web store name. What does Apple using "Tiger Central" for a web store name have anything to do with stopping the sale of Mac OS X Tiger?

mine's on the way up my driveway according to the FedEx tracking!!!!! PS I've had experience with Tiger Direct, a client of mine got 3 out of 5 PCs with bad motherboards, they sent a bad one as a replacement, when he wanted out he had a h*** of a time getting his money back, terrible product, terrible service, hmmmm, what's that say about the company?

Just got my copy - Apple sent me the Family Pack!!! All my Macs get Tiger!!

Z

Direct TV is suing Tiger Direct

http://www.tigerdirect.com/sectors/Help/contactus.asp

I would just flood their email server, call them stupid for suing over a codename of an apple product. I believe Tiger Wood can sue tiger direct for using his name.

LSU Tigers - Louisiana State University, since 1860, the home of the "Fighting Tigers"

Clemson Tigers - Clemson University established in November 1889.

Memphis Tigers - University of Memphis opened in 1912

Detroit Tigers - First game April 25, 1901

that I own the rights to the word 'the' and that anyone who uses it must pay me one cent each time it is used. I actually published this trademark in the(tm) late 70s when Zulog attempted to tm the(tm) letter Z. My letter to the(tm) editor of Byte magazine was published and anyone using the(tm) word 'the' was put on notice that I own the tm to that word. So start sending me my pennies..... and that includes Tiger (tm) Direct (tm)

Dave (tm)

To think...Jaguar Motorcars could have sued too. Don't they also have the "X-Series" motorcars as well...who owns "X?"

Trust me, Tiger Direct is a dishonest and low life company. Should you ever be foolish enough to do business with them, be sure to check your credit card bill when it arrives or you might be surprised like I was to find you've been billed $100 more than you agreed to pay for your product, and when you call their customer service with proof of invoice showing the price they sent you and you agreed to pay, they blow you off and leave you to sort it out with your credit card company. I set up a website detailing my horror story at www.tigerdirectsucks.org so hopefully other people won't be duped by this terribly dishonest corporation!