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Judge Denies TigerDirect's Request for Injunction 378

Posted by CowboyNeal
from the nice-tries dept.
wallykeyster writes "As predicted in previous discussions the judge has ruled against TigerDirect's request for injunction to prevent Apple from using 'Tiger' in their advertising." I heard that both people who still held respect for TigerDirect no longer do.
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Judge Denies TigerDirect's Request for Injunction

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  • by pmazer (813537) on Saturday May 14, 2005 @08:47AM (#12528844)
    I can say "Tiger" again?
  • So... (Score:4, Funny)

    by Anonymous Coward on Saturday May 14, 2005 @08:47AM (#12528847)
    So it looks like TigerDirect's injuction was nothing but a paper tiger.
  • by wls (95790) on Saturday May 14, 2005 @08:48AM (#12528853) Homepage
    Next up, TigerDirect sues Microsoft for using the word Direct in DirectX.
    • ... for their use of the letter "T"
    • by Anonymous Coward
      Apple have been dying ever since Steve 'rim' Jobs founded it. Although it may have a fancy GUI, OSX is not any more functional than Windows 3.x and is on average 5 times less than reliable. This is mainly due to poorly written proprietry code hashed onto a stolen communist operating system - linux. To complement the inferior software, Apple sells hardware which is generations behind its equivilant PC counterparts - albeit disguised in white enclosures which it markets as 'trendy'. Unfortunately they can at
      • everything true. and the design! they should fire this european guy, and hire the design team from dell, or better from e-machines. also, put some neon lights in their boxes - they have all those unused holes. and, you forgot to mention the file transfer times. 2 hours for an email attachement. and no floppy for years, and no known viruses => no geek challenge!
    • by tempshill (413165) on Saturday May 14, 2005 @09:22AM (#12529051)
      On trademark infringement, companies don't sue other companies to try to cash in. They do it because if they don't attempt to protect their trademark, courts will rule that it isn't a trademark anymore and isn't protectible. Aspirin, Zipper.

      • On trademark infringement, companies don't sue other companies to try to cash in. They do it because if they don't attempt to protect their trademark, courts will rule that it isn't a trademark anymore and isn't protectible. Aspirin, Zipper.

        and the request for an injunction was just for the fun of it.
      • by Jesus_666 (702802) on Saturday May 14, 2005 @09:47AM (#12529164)
        Note that aspirin mainly is not a trademark because Germany lost WWI. There was no way fo the Bayer company to protect their trademark against the Allies.
        • by Anonymous Coward on Saturday May 14, 2005 @09:58AM (#12529219)
          "Yeah? You and whose army .. oh."
        • by Afrosheen (42464) on Saturday May 14, 2005 @12:31PM (#12530114)
          That's a little known facet of WW2. The Germans lost not only the war but every single patent they ever had. Who did they lose them to? Oh, the USA of course. It was the single largest theft of intellectual property the world has ever seen, not to mention the absolute looting of major banks and households.

          Ironically enough, a percentage of German gold was actually stolen from displaced/killed Jews and other countries that Germany had conquered. Tons of that gold made it back to New York where it was re-pressed with the Federal Seal, thereby making it US money. Through following paper trails and lots of hunting, Jewish advocacy groups located much of their own gold and the US government was forced to pay them back, with interest. This all happened very recently (the payback itself).
          • by Jesus_666 (702802) on Saturday May 14, 2005 @02:36PM (#12530858)
            Another interesting fact about WW2 is that the looting of the German industry (pretty much all machines were taken) is partially responsible for the Wirtschaftswunder: As we had no machines to produce anything we had to replace them, which we did - with the most moderm machines on the market, which boosted productivity. Had we not lost all the old machines, economy would still have boomed, but not as much as it actually did.

            All in all, it seems that the people who profited from the massive looting are not the looters themselves, at least as far as physical things are concerned. The intellectual property (what an ugly word) theft, however... Hmm, didn't Microsoft just start this contest where people make movies about "Thought Thieves"? This sounds like the perfect topic for an entry. ;)
          • by Reaperducer (871695) on Saturday May 14, 2005 @02:44PM (#12530914)
            It was the single largest theft of intellectual property the world has ever seen

            How is it theft? Sounds like the spoils of war.

            And don't forget -- this is Slashdot where it's not politically correct to say intellectual property can be stolen. Otherwise people might have to pay for their music.
          • Ironically enough, a percentage of German gold was actually stolen from displaced/killed Jews and other countries that Germany had conquered. Tons of that gold made it back to New York where it was re-pressed with the Federal Seal, thereby making it US money.

            This story is highly unlikely. There were two international conferences, one in 1997 and one in 1998, on the disposition of Nazi gold. As this CNN report [cnn.com] on the first conference shows, the U.S.'s objective was always to return the gold to its rightfu

      • On trademark infringement, companies don't sue other companies to try to cash in. They do it because if they don't attempt to protect their trademark...

        From TFA "... evidence of over 200 federal registrations of marks containing the term "Tiger" -- including 24 companies, other than TigerDirect, which employ Tiger marks to promote computer products and services."

        So will these 200 companies lose their marks because they didn't challenge the 201st?

        It has to be a similar product with a similar mark, the

  • by MarkMcLeod (759072) on Saturday May 14, 2005 @08:49AM (#12528857) Homepage
    Tony the Tiger, you're next!
  • by Faust7 (314817) on Saturday May 14, 2005 @08:51AM (#12528872) Homepage
    Judge Lenard said "any given customer who cross-shops TigerDirect and Apple, whether over the internet or in person at their retail local stores, will be able to distinguish their respective retail outlets due to the distinctive differences in their marketplaces' appearance and messages."

    Need proof? Look at the shiny polished Slashdot logo at the top. When was the last time you looked at that and thought "Oh, I'm in the TigerDirect section of Slashdot!"
  • This is dumb. (Score:5, Insightful)

    by Entropius (188861) on Saturday May 14, 2005 @08:52AM (#12528879)
    The number of trademarkable things is increasing daily, as more people go into business making more products.

    The number of words in the English language, however, remains the same.

    Just a namespace collision isn't evidence of trademark infringement. That requires (or should require -- I gave up on learning the details of IP law once I realized that it made no sense) one company to choose their name specifically to leech off another successful name.

    Tigerdirect has been around since before Apple picked the name Tiger.

    Apple wouldn't want anything to be named after such a shitty company.

    So what's the deal?
    • Re:This is dumb. (Score:5, Interesting)

      by cowscows (103644) on Saturday May 14, 2005 @09:00AM (#12528933) Journal
      The deal is that TigerDirect saw the possibility of some easy money, hoping that just the threat of an injunction so close to Tiger's release would scare Apple into sending them some cash just to forget about the whole thing. Apple didn't bite. And a judge didn't fall for it either.

      So TigerDirect revealed themselves as a bunch of jackasses, and the courts worked as they're supposed to. Yay!
    • by LiquidCoooled (634315) on Saturday May 14, 2005 @09:03AM (#12528947) Homepage Journal
      Bullshimble!
      The English language is evolving.com all the time, and new words are addendumated every year into the lexicolon.

    • The number of words in the English language, however, remains the same.


      Actually no. Before 1993 had anyone ever heard of the word pentium? Athlon and Opteron certainly weren't english words before AMD created them.

      The problem you describe in your first sentence is exactly the reason why large companies go to extreme lengths to create a new word solely associated with their product. Pharmeceutical companies have done this exact same thing for every new drug for probbably 100 years.

      That doesn't mean
    • Re:This is dumb. (Score:3, Informative)

      by 1u3hr (530656)
      The number of words in the English language, however, remains the same

      Actually, English is acquiring new words at a fast pace, probably thousands per year. Even the staid Oxford Dictionary [askoxford.com] records many new words in each edition.

  • I have mod points (Score:5, Insightful)

    by Richard_at_work (517087) <.moc.liamg. .ta. .ecirpdrahcir.> on Saturday May 14, 2005 @08:57AM (#12528907)
    So where can I moderate Cowboyneals comments on this story?
    • by LiquidCoooled (634315) on Saturday May 14, 2005 @09:09AM (#12528981) Homepage Journal
      So where can I moderate Cowboyneals comments on this story?

      In your hosts file.

      Something like this should suit you nicely :)

      64.236.24.28 slashdot.org

    • I think you just did .
      personly it gave me a good chuckle (+3 funny) .
      The nature of slashdot really allows us to put our views down on the story in words as opposed to numbers .
      I found the story intresting as its good to see that atleast some trivial time-wasting lawsuits go down the pan.
      Though your post raised an intresting point on should slashdot storys be subject to moderation.
      It would be great if they were , it would allow us to filter storys even further.

      I wouldn't take Cowboyneils comments to heart t
    • Bias of Slashdot editors is a time-proven fact. Which is okay in the overall scheme of things--it is their website, after all.

      Nonetheless, as a service to those with an interest, I offer the following (which the editors chose not to post):

      11 May 2005: Bruce Perens, owner of Technocrat.net, a site based on the Slashdot model and running the same open source Slashcode http://www.slashcode.com/ [slashcode.com], has shut down the site, citing declining readership and lower than expected growth. Sometimes touted as "a more ma
  • by LP_Tux (845172)
    Will companies and products have to have numbers in place of names? After all just about everything is trademarked these days until you decide to invent words... Right now I'm off to buy a 5759852850 by 1284257630530. See you later...
  • by Anonymous Coward
    As I type this there is a TigerDirect banner ad at the top of my Slashdot page...

    I'm sure there's some witty comment I could be making here, but I have no idea what it is.
  • I never will.

    In a society run by lawyers, no one seems to get along.

    GJC
  • Funny (Score:5, Insightful)

    by Zebra_X (13249) on Saturday May 14, 2005 @09:20AM (#12529042)
    If the tables were turned, I'm sure apple would do the same thing to tiger direct. Apple has quite a colorful litigeous history.
  • blah blah blah... (Score:5, Insightful)

    by east coast (590680) on Saturday May 14, 2005 @09:21AM (#12529044)
    From the blurb: "I heard that both people who still held respect for TigerDirect no longer do.

    From my dealing of people who put TigerDirect first on their lists I doubt that many of the TigerDirect customer base give a damn about either Apple or Geek politics. Let's not take ourselves too seriously here.
  • by PocketPick (798123) on Saturday May 14, 2005 @09:31AM (#12529083)
    Oh, I'm sure Apple wouldn't have a problem that.
  • I'm still pissed about going all the way down to Comerica Park last night just to have the Tiger's (Detroit Baseball) game rained out.
    Now here comes Slashdot yelling "Tiger Tiger Tiger" at me.
  • by SideshowBob (82333) on Saturday May 14, 2005 @09:36AM (#12529116)
    1) Assloads of publicity from suing Apple. Suing the fruity one always gets you some attention no matter how frivolous.

    2) The precedent of defending their trademark. So if another catalog retailer ever comes along with a name that really does infringe, they can't say that TigerDirect failed to protect their TM.
  • Editorial (Score:2, Interesting)

    by northcat (827059)
    I heard that both people who still held respect for TigerDirect no longer do.

    That's right, CowboyNeal, say what everyone wants to hear. It'll drive up the ad revenue.
  • ...is something that just comes with the territory [sun-sentinel.com], one could hypothesize.

    (No insult intended to the many decent folk and businesses that are down there, but your situation's akin to your IP addresses being located in a block infested by spammers.)
  • by Basehart (633304) on Saturday May 14, 2005 @11:29AM (#12529743)
    I hope they get this Tiger business sorted out soon.

    I was at an Esso [adslogans.co.uk] gas station the other day and everyone was trying to force a copy of Apple's Tiger installer disk into their gas tanks.
  • by panurge (573432) on Saturday May 14, 2005 @11:46AM (#12529865)
    In the forests of the night
    What immortal hand or eye
    Protects thy brand integrity?

    Under India's burning skies
    IP issues do not rise
    If you've passed on being shot
    You still can't sue the goddam lot

    Genus felis does not code
    Nor shifts boxes by the load
    Salesmen in expensive shirts
    Don't care if your image hurts

    Tiger,tiger burning bright
    In the forests of the night
    Though extinction faces you
    It faces all those brand-names, too

    With sincere apologies to William Blake.

  • by micromuncher (171881) on Saturday May 14, 2005 @02:27PM (#12530800) Homepage
    Everyone that thinks they have a trademark whether it is registered or not believes that suing Apple is a good idea.

    Apple has a tendency to entertain the lawsuits, so every corporate lawyer thinks its a great make-work type project.

    Marketing types agree, because its free advertising.

    Even individuals, like Carl "Butthead Astronomer" Sagan love to sue Apple over the use of internal project code names, because suing Apple is both fun and profitable.

    Apple should have learned by now that using any word in the english language can result in a lawsuit, just like George Lucas has learned he can be sued by any writer thinking they own the notion of a hairy cute alien.

    Maybe Apple should start using H4xx0r for its project naming. Tiger could be T1gg3r, but then they'd probably be sued by Disney (who, btw, totally screwed the estate of Milne out of millions.)

  • In other news, (Score:4, Insightful)

    by ebbomega (410207) on Saturday May 14, 2005 @04:34PM (#12531564) Journal
    Tigerdirect sues Spiderman, the city of Detroit and Rudyard Kipling for similar use of the word.

    I used Tigerdirect.ca once for buying a Rio Karma. Never again. About a month after buying my Karma (20G HD mp3 player) it broke (nothing against td). So I call Tigerdirect for warranty information.

    First of all, they changed their website so that it no longer advertised the 1 year warranty I saw when I purchased the player and changed it to 90 days (the same as the manufacturer's warranty), and disavowed any knowledge of this mythical 1 year warranty (one of the reasons I picked TD over others). They just tried to refer me back to the manufacturer.

    So finally I say fine, take the 1-800 phone number.

    Phone number doesn't work in Canada. The web page did say .ca, right? Turns out all that means is they converted their prices to Canadian Dollars. That no-duty thing they advertised? Hah. I had to pay a $130 C.O.D. on the player when it showed up at my door because they shipped from Pennsylvania.

    So yeah, the toll free number doesn't work.

    I call back Tigerdirect. Complain that the number they gave me doesn't work in Canada. So the buddy tells me that they'll get in touch with me about it.

    That was a year and a fucking half ago. I still never heard back. Ultimately, after a week of waiting, I went to Rio's site, and after extensive digging I finally found a number in Toronto I could call. So I call Rio directly, they honour the warranty and in two months (ugh) I have a refurbished player. That one lasted a year (never buy Rio hard drive players, they suck. There's a reason iPods are more expensive).

    Tigerdirect is a horrible company that is out there for the same reasons microsoft is: Make a cheap buck out of people who don't know any better.

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