Systemax Inc. subsidiary Tiger Direct Inc. has filed case against Apple to prevent the society from using the parole “ Tiger ” to describe its fresh Mac OS X v10.4 operating system , which go on cut-rate sale worldwide at 6 p.m. local time on Friday , April 29 , 2005 . The company claim that Apple is produce trade name confusion by market Mac OS decade v10.4 as “ Tiger ” and has asked the United States District Court for the District of Florida for a temporary restraining order and enjoining .
Tiger Direct Inc. is claiming trademark infringement , trademark dilution and put on appellation of line of descent under freestanding Union codes , and has also cited trademark dilution and deceptive and unjust craft exercise under Florida statutes , in copies of the court papers obtained by MacCentral .
Both company have Tiger earmark
Tiger Direct Inc. , based in Miami , Fla. , was give in 1987 . The company has had a serial of “ Tiger”-related stylemark on filing cabinet with the US Patent and Trademark Office going back to 1987 , registering everything from the word “ Tiger ” to “ TigerTV.com , ” an has charge applications to register add-on “ Tiger”-based marks as well . It also set claim to several “ Tiger”-based “ common law trademarks ” in commerce .
In fact , Apple was also granted its own trademark serial telephone number by the US Patent and Trademark Office for “ Tiger ” in 2003 , used as a verbal description of “ data processor operating system software . ” An opposition against Apple ’s filing is now pending at the Trademark Trial and Appeal Board , agree to disk lodge with the office staff .
Apple ’s basis as a retail merchant of computers , computer software and computing machine - have-to doe with product is at the core of Tiger Direct Inc. ’s complaint . Since mid - April , the company say , Apple has “ created and launched a countrywide medium blitz ” containing “ a sea of Tiger references , ” including using musical phrase like “ Tiger Unleashed , ” “ Tiger Center ” and “ Tiger World Premiere ” on its Web site and in marketing materials .
With Apple ’s proclamation that Mac OS X v10.4 would be released on April 29 , 2005 made earlier this month , the new operating scheme dismissal has certainly win public pic , but Apple ’s public use of the word “ Tiger ” to depict Mac OS X v10.4 goes back further than April , which has bequeath some to wonder why Tiger Direct Inc. waited until now to file away lawsuit .
The fresh reading of the Mac OS ecstasy operating system of rules was first unveil in June , 2004 during Apple ’s Worldwide Developers Conference in San Francisco , Calif. Mac OS X v10.4 and “ Tiger ” have been synonymous since then , both in Apple ’s press releases and in print and online media exposure .
Systemax spokesman Steve Goldschein refused to comment on the timing of Tiger Direct Inc. ’s lawsuits , but added that stylemark infringement cases “ … are all about the likelihood of confusion . ”
“ There ’s a higher likelihood now than before ” that consumer will be confused by Apple ’s purpose of Tiger , Goldschein assure MacCentral .
bump from search engines
Tiger Direct Inc. is displeased that the proliferation of Mac OS X v10.4 - link information on the net has sack it from popular Web search directory , fit in to the ill filed with the court .
“ Apple Computer ’s use of of the terminus ‘ Tiger ’ as the principal terminus of reference for the Mac Os X 10.4 operating system has been pick up and restate extensively by legion medium outlets , ” said the company . “ In turning Apple Computer ’s purpose of the terminal figure ‘ Tiger ’ has also affect hunt results in Internet search engines . ”
“ Apple Computer now inundates the results of Google search and has become the first resolution in a hunting for ‘ Tiger ’ in the Yahoo and MSN lookup engines , ” articulate Tiger Direct Inc. , which expects thing to only get worse once Tiger hit the streets today .
Apple routinely refuses to comment on issues touch to pending judicial proceeding .
Updated 11:10 AM 04/29/05 : Comments summate from Systemax spokesman .
