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.