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journal: mac
TigerDirect sues Apple, files injunction to stop Tiger’s launch [UPDATED]
AppleInsider reports that internet PC retailer TigerDirect Has sued Apple and is trying to stop Tiger’s imminent release.
Tiger Direct, which sells computers and related products on the Internet, said Appke’s [sic] Tiger OS threatens to dilute its trademarked name, according to Bloomberg, which has obtained a copy of the lawsuit.
The online retailer also accused Apple of deceptive and unfair trade practices in the lawsuit, filed today in federal court in Miami, Florida, Bloomberg said.
UPDATE: Apple trademarked several cat names in July 2003 for use with operating system software. One of them includes--you guessed it--Tiger. Read this for the details.
Deep Thought’s take: We can sum it up in three letters: WTF? TigerDirect waited until the day before Tiger’s release to file the injunction instead of months ago? Now TigerDirect may have a case; we’ll have to see what the courts say. Needless to say, I don’t know what TigerDirect’s motives are for certain. They might have attempted to cut a deal with Apple for all we know. But from an outsider looking in the timing just seems, well, odd. The injunction to stop shipping Tiger is what gets me. The (admittedly somewhat over-the-top) conspiracy theorist inside of me sees this as an attempt for the Windows world to stop Apple from releasing what is universally being hailed as an outstanding update to an already great product. It would be one thing to sue Apple; the injunction comes across as an attempt to steal Apple’s thunder. Also given the issues (or perceived issues) that Microsoft is having with Longhorn, Apple is in the spotlight (no pun intended). A little far-fetched? Probably. But why bring this about now and not, say, two months ago? Everyone knew Tiger was coming. It’s not like the name was a surprise.
(UPDATE 2: DT take clarified)
More Info
AppleInsider article
Microsoft Watch: Apple Earmarks New Cat Names
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thinkback
I read that Tiger Direct is claiming that its listings in search engines were harmed by Apple’s publicity surrounding Tiger. This only started in the past couple of weeks, which I think accounts for the timing. But I don’t think they are going to get far, since Apple actually has a trademark for Tiger.
It’s simple: Suing Apple generates “free” publicity. Any seemingly scandalous info relating to Apple gets immediate distribution by news sites, and hence makes people take notice of the controversy. Remember the recent “virus contest” which ended before it even started? Or the flack over Apple Stores pulling all books published by John Wiley & Sons in protest over the unauthorized bio of Jobs?
TigerDirect has no actual standing to sue, as they don’t make any software package/OS which competes with Apple’s offering. Furthermore, “Tiger” is a code-name, just as Microsoft’s “Longhorn” is. It’s properly 10.4. Thus, there’s no competition nor trademark dilution between the Mac OS, codenamed “Tiger” and a retailer called TigerDirect.
Look for Apple to file a “summary judgement” to dismiss the case… but by then, TigerDirect will have gotten what they want: attention.
1.
Wait…
“Tiger” is trade marked?
Do the animals know that?