April 30th, 2005, 11:28 PM
Well, Tiger Direct existed prior to the widespread use of the Internet (they started in 1987) so the idea that they hold top spot (or near top spot) seems silly. If it's truly an issue they should also go after the Detriot Tigers and the use of the word Tiger by various breeds.
Additionally, the full name of the Apple Operating System is OS X Tiger. I don't think the courts will consider that it has merit.
Furthermore, their own website shows the limitation of the argument they are putting forward:
No where does it suggest that they own trademark or copyright to "Tiger". My understanding is that their name is "Tiger Direct", not "OS X Tiger" or "Tiger Computers" (perhaps they should sue this little Australian company).
Copyright/Trademark Information TigerDirect.ca is a registered trademark of TigerDirect.ca, Inc. This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 1996-2004 TigerDirect.ca, Inc. All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of TigerDirect.ca, Inc. or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.
It is simply an extremely poor attempt at a cash grab. I'd be really surprised to see a court accept this as a justifiable case.
April 30th, 2005, 11:41 PM
I can see your point, I just don't see where TD are coming from. They are a budget price retailer, in no way do they compete with Apple, they only seem to sell a few ipods. And Apple certainly don't compete with them.
The whole reaction just struck me as pretty weird.
May 1st, 2005, 12:10 AM
Speaking of weird...
Read it here.
In recent months, Apple showed its penchant for secrecy by suing a Harvard student who operates a Web site for Apple enthusiasts, accusing him of trying to induce Apple employees to divulge company trade secrets. It also filed lawsuits to stop leaks of company information on several Web sites that traffic in Apple news
Seems to me that Apple MIGHT be getting a taste of its own medicine, no?
It isn't paranoia when you KNOW they're out to get you...
May 1st, 2005, 12:22 AM
yeh well I'm pissed..a google of und3rtak3r and my website has dropped from number one.. some lame arsed bloody wrestler has stolen that spot from me.. what right does he have useing a haxor name,.,
I use the name because it is significent with my customers..it is partly a joke..BUT they do remember the name.. that bloody wrestler is going to get all my tech support calls or they will go to the next well known IT professional in the area "Grav3robb3r" the bastard.
The whole story is about publicity.. the problem is that common sence would say that there is realy no issue.. unfortunatly there is very little common sence. This goes both for the companies involve but more on how their consumers think.. and here in lies the reason that Tiger is so agressive..
Many of the average consumers use word association when it comes to certain products..this is to the point that is the only brand name that they will recognise.. how many of you encounter ppl who only will buy IBM..because IBM are the only ones who build computers (personaly I dont know why ppl think that.. but I still get it).. or (here in OZ) a prortable evaporitive air conditioner..Bonair.. I want new pads for my Bonair..only to find the customer has a Convair or a Carrier.. but at one time Bonair had a massive market, and an absolute marketing Blitz....
howabout these.. Panasonic & Palsonic, Sharp & Shrap ..
YEs the good ole gulliable customer..
The whole issue of the Suit against apple is stupid, but if enough customers cant find TD via google as easily as before they may go with a search of the next word that is associated with PC parts in their mind.. How many people do you know who olny look at the first page on a google search? that is the point i think..
BTW: und3ertak3r gets me almost exclusive coverage on the first google page..lol
"Consumer technology now exceeds the average persons ability to comprehend how to use it..give up hope of them being able to understand how it works." - Me http://www.cybercrypt.co.nr
May 1st, 2005, 07:31 AM
TigerDirect.ca is a registered trademark of TigerDirect.ca, Inc.
I think their argument is that "TigerDirect.ca" and "Tiger" are close enough. And although TigerDirect is still 2 spots above Tiger OS, that could chnage if Apple launched a half decent advertising campaign.
No where does it suggest that they own trademark or copyright to "Tiger"
Besides, at this level of corporate shenanigans we are talking about a whole new ball game. This is not me suing the guy around the corner for using my name. These are multibillion dollar, multinational corporations. A name, especially for TigerDirect, is their identity. They spend millions associating a prticular image with their name. They want that name to be uniquely associated with them, which I think is a vlid argument, if a bit territorial.
And let's not forget, they are American companies. The United States is the most sue-happy nation on Earth. This is mainly doe to the fact that, as far as I know, anybody can sue anybody for anything, unlike most other countries where lawsuits must be approved by a preliminary hearing first. Let's face it, we're talking about a country where someone won a 3 million dollar lawsuit because her coffee was too hot.
A two seater, single propellor airplane in the US costs approximately $100,000. The actual plane is worth about $10,000. The remaining $90,000 is to cover insurance costs for the manufacturer, because these manufacturers get sued so much they need it.
It's as if lawsuits have become some kind of corporate contact sport.
Government is like fire - a handy servant, but a dangerous master - George Washington
Government is not reason, it is not eloquence - it is force. - George Washington.
Join the UnError
May 1st, 2005, 07:38 AM
I'm still waiting to hear about litigation in the "You're ugly and have caused me mental pain" department, or "You scared my pet and caused it psychological distress."
Yes, we're sue happy. In the modern US it seems that the 'Great American Dream' has turned from being self-made to being lawsuit-made. So? Sue us if ya don't like it.
Even a broken watch is correct twice a day.
Which coder said that nobody could outcode Microsoft in their own OS? Write a bit and make a fortune!
May 1st, 2005, 02:10 PM
Sheesh...since this thread started I haven't been able to sleep right, and when I do I dream that Ms Mittens is chasing me, chastizing me while riding a tiger and throwing human fingers at me that she keeps in a Wendys chili cup with a steady rain of apples pouring from the sky.
/me runs off to consult with an attorney....
It isn't paranoia when you KNOW they're out to get you...
May 2nd, 2005, 01:10 AM
I guess that you are right, and that it is a North American thing? It certainly would not happen over here, largely because of what MsM has said.
Anyways, much as they like money, lawyers over here don't like to take on stuff that would demean their reputation..............
One is actually protected by their greed
From what I read here maybe Apple should be suing TD
allenb~ yes I saw some comments about those Apple suits. As I understood it, people who were in a trusted position and got pre-release copies of OS-X had posted information regarding Tiger, contrary to their EULA which requires secrecy.
Nothing unusual there as the versions are probably beta, and you don't want anyone commenting on betas without permission. Just as if you download an AV trial you are not allowed to use it to publish comparisons.
May 2nd, 2005, 09:02 PM
Yet, Hasbro remains noticeably silent...
That's Officer 11001001 to you...
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"Relax, Bender; It was just a dream. There's no such thing as two." ~ Fry
sometimes my computer goes down on me
May 2nd, 2005, 09:20 PM
Not surprised that Hasbro has remained silent. Heck, if Tiger Direct can sue Apple over OS X Tiger then Apple can sue Hasbro over "i-Dog".