Bad Apple?

I came across this:

http://www.macobserver.com/article/2005/04/28.9.shtml

It seems that Tiger Direct are suing Apple over the use of the name Tiger for its latest version of Mac OSX.

And there was me thinking that SCO had monopolised the bottom of the barrel :rolleyes:

I really cannot see how a mail order/direct sales shop like TD can seriously consider Apple to be a competitor, let alone indulging in "unfair trading practices"

Perhaps the CEO of TD (I believe the "u" and "r" are missing :D ) would like to come to London zoo, and explain to those playful, furry little striped chaps and chapesses that they will have to change their name?

Hey..........................."Tiger Beer"...................this is getting serious folks :drink:

Part of Tigers case hinges on their trademark for "tiger" and how Apples choice of said trademark for their OS name has had an adverse affect on Tiger Directs placement on major search engines. Given that a large portion of their business comes from their website I can see how this could well affect their bottom line.

So allenb1963,

are you are saying that Tiger Direct is taking Apple to court because the Tiger OS name is ranking higher placement on a major search engine?
Is there some kind of law about this?

How could any poor soul be confused by finding references to Tiger OS as opposed to finding the Tiger Direct website where they can purchase some RAM??

I didn't know they let state hospital patients out onto the internet at large, especially without an escort. :D

[TigerShark, start looking for another name, buddy.]

Actually, I'm just repeating what Tiger Direct says and saying that I can see their point. If I had a trademarked name and another company used that name and made it harder for my customers to find me I'd be pissed....wouldn't you?

So does that mean Guinness Beer (or Guinness Records) should sue Red Hat for the Red Hat 7 release (codenamed: Guinness)?

ZT:

I'm sorry.... I was first described by Peron and Lessueur in 1822. The gave me the taxonomic name Squalus cuvier and I am named for the famous fish taxonomist Baron Georges Cuvier, (1769-1832). I was subsequently described by several others including Galeocerdo tigrinis by Faber back in 1822 as the type species for my genus. Several people have since tried renaming me including another two famous taxonomists, (Bleeker and Klunzinger), in the latter half of the 19th century. My, hopefully final, given name is Galeocerdo cuvier - which I like and will name my first boat.... ;)

Throughout the entire process of naming me and for centuries before I have been known as the Tiger Shark due to the dark vertical bars on my sides.

So.... Tiger Direct can bite me... They just need to be sure I don't bite back... They need to remember that, statistically I am by far the most dangerous animal where humans are concerned in the oceans of the world.... The Great White ain't nuttin' on me buddy..... :D

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So.... Tiger Direct can bite me... They just need to be sure I don't bite back... They need to remember that, statistically I am by far the most dangerous animal where humans are concerned in the oceans of the world

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As far as Tiger Direct are concerned YOU are the most dangerous animal?

You have a piece of plastic and can choose where to take it?

I still do not see how Apple and Tiger Direct are in competition..........and what the hell does a search engine order matter if I want a new HDD or whatever I would not even click on the Apple link..............or do Tiger Direct think that I do not know how to use a search engine and the internet? That is pretty insulting if you think about it?

It all boils down to being 'sue happy'. Tiger Direct sees a relatively cheap opportunity to gain money from Apple.

When a retailer starts taking the p1$$ out of a major manufacturer there is only one stock option:

sell, sell, sell.

Manufacturers know when to stick together?

:)

Points well taken. A quick Google reveals that Tiger Direct was the #3 listing, while Apple occupies the #5 spot when searching for "tiger". So it does seem that TD is over-reacting.

But still allow me to play devils advocate here. Suppose you have a trademarked name, and suppose that you have spent thousands (or tens of thousands, I've seen it done before) of dollars to ensure a favorable placement on most search engines. You've paid big bucks to make sure that your meta-tags are just right, you've tweaked the names of the images on your pages all to reach that end. Then someone comes along, uses the name you have trademarked and nullifies all your efforts....wouldn't you be a bit upset? I'm not saying that litigation is the right course of action here...I'm just saying that if the above scenario played out and affected any of us personally or professionally that we too would be pissed.

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:

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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.

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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).

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.

Hi Allenb~

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.

Speaking of weird...

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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

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Read it here.

Seems to me that Apple MIGHT be getting a taste of its own medicine, no?

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

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TigerDirect.ca is a registered trademark of TigerDirect.ca, Inc.

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No where does it suggest that they own trademark or copyright to "Tiger"

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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.

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.

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." :rolleyes:

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. :D

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....

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 :D

EDIT: update:

From what I read here maybe Apple should be suing TD :)

http://www.consumeraffairs.com/compu...ger_direct.htm

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.

Yet, Hasbro remains noticeably silent...

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".

I had completely forgotten about the Ti-Cats (it's that rivalry between the Ti-Cats and the Argos).

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Source
And in the tongue-in-cheek department, in response to a lawsuit filed against Apple by TigerDirect, Bob Young, CEO of Lulu.com(an independent publishing site) and owner of the Hamilton Tiger-Cats (a professional Canadian football team) has offered to step in and help out Apple during this trying time.

Tiger Direct, a Florida-based sellers of computer parts and components, doesn’t like Apple’ use of the code name “Tiger” for Mac OS X 10.4 On May 28, it filed a suit against the Mac maker for infringing on its trademark.

“This lawsuit is a load of codswallop,” Young says. “Nobody and no company should have the exclusive use of the word ‘tiger’.”

He’s offered to license the Hamilton Tiger-Cats historical use of the word Tiger to Apple free of charge. The Hamilton Tigers Football Club was established in 1869 and prior to World War II, the team was known as the Tigers. The colors of yellow and black were well represented and the present philosophy of tough football was established in those early days, Young says In 1950, the Hamilton Tigers merged with the Hamilton Wildcats to become the Hamilton Tiger-Cats.

“136 years ago we were called The Tigers,” Young says. “If anyone owns the exclusive rights to the word “tiger” with that much history and tradition, it’s gotta be us!”

Robert F. (Bob) Young is CEO of Lulu.com, which provides independent publishers with free access to on-demand publishing tools for books, e-books, music, images and calendars. The Hamilton Tiger-Cats are entering their 136th year of competitive football. Bob became owner in October of 2003. Hamilton has won 15 Grey Cups during their existence.

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Well no surprise at the results:

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Source: MacNN

A Florida Federal Court has ruled that Apple's use of the 'Tiger' moniker does not infringe upon retailer TigerDirect's trademark, denying a preliminary injunction that was sought earlier this month against Apple. The court said that "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," according to AppleInsider. At the hearing, Apple used user surveys, evidence of a plethora other 'Tiger'-based names in the computer industry, and testimony by Senior VP Phil Schiller: "Apple also entered into evidence a survey that revealed only 6% of consumers associated the name 'Tiger' with TigerDirect. Meanwhile, the survey of 517 people showed that only 4 people associated the name "Tiger" with a company... Apple asserted that TigerDirect does not posses a protected family of Tiger marks."

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Originally posted here by Striek 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.

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Yeah, let's face it!

It was called "THE MCDONALD'S SCALDING COFFEE CASE" for a reason.

As I'm sure we all know by now what the boiling point of H2o is. A simple question, rather a simple experiment. Go to the stove and bring some tap water up to 180 - 190 degrees fahrenheit. Would you attempt to drink it? Before you do something that ignorant, let me tell you that "a scholar in thermodynamics as applied to human skin burns, testified that liquids, at 180 degrees, will cause a full thickness burn to human skin in two to seven seconds.""An approximate one-second exposure to 160° F water will result in third degree burns.1 Where the water is 130° F, an approximate half-minute exposure will result in third degree burns.2".

The chairman of the department of mechanical engineering and bio-mechanical engineering at the University of Texas testified that this risk of harm is unacceptable, as did a widely recognized expert on burns, the editor in chief of the leading scholarly publication in the specialty, the Journal of Burn Care and Rehabilitation;

A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonald's refused.

During discovery, McDonald's produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebeck's. This history documented McDonald's knowledge about the extent and nature of this hazard.

McDonald's also said during discovery that, based on a consultant's advice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste.

Coffee at that temperature, if spilled, causes third-degree burns (the skin is burned away down to the muscle/fatty-tissue layer) in two to seven seconds;

Third-degree burns do not heal without skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability of the victim for many months, and in some cases, years;

It was more than a valid case.

That lawsuit is so stupid. If people would like Tigerdirect, all they would have to type in a search engine is "Tiger Direct" and its the first listing. It's really amazing what companies are starting to sue for.