[X4U] Tiger fight
Peter Saint James
peterstj at earthlink.net
Fri Apr 29 05:18:00 PDT 2005
I ran across the following item that indicates that someone is trying
to keep Apple from using the word Tiger. I doubt they will prevail.
It's too generic a word. The point about search engines is
interesting. I wonder if this will become a concept of law.
Peter
Apple sued over use of 'Tiger', injunction sought
Thursday, April 28, 2005 @ 4:05pm
Apple has been sued by Tiger Direct, Inc. for allegedly infringing its
trademark with the Mac OS X 'Tiger', according to Bloomberg. Tiger
Direct sells computers and related products on the Internet; it says
the Apple's software package, marketing, and use of Tiger in the
company's forthcoming operating system, threatens to dilute its
trademarked 'Tiger' name. It also accused Apple of deceptive and unfair
trade practices in the federal lawsuit filed in a Miami court. "Apple
Computer has created and launched a nationwide media blitz led by
Steven Jobs, overwhelming the computer world with a sea of Tiger
references," according to the lawsuit. Bloomberg says that court
injunction, if granted, could halt the rollout of new Mac OS X Tiger
operating system, which will be officially released tomorrow.
According to the lawsuit, Tiger Direct has used its family of 'Tiger'
trademarks to sell computers (and computer-related products) since 1987
and the company has trademarked the names Tiger, TigerDirect and
TigerSoftware--which it uses in about 25 million catalogs it sends out
each year. The direct retailer said Apple's use of 'Tiger' is "causing
confusion, mistake and deception among the general purchasing public."
The company says that Apple's use of Tiger has changed internet search
results, directly impacting its ability to market product to its
customers. The company alleges that Apple's use of the name has
adversely affected its ranking among the internet's largest search
engines, Google and Yahoo, bumping the company from its usual spot in
the first three results.
Tiger Direct has asked the federal court to block Apple from using the
name and is also seeking damages and legal fees, according to the
report.
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