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View Full Version : Apple Sued over Tiger, Injunction Sought


spakman
05-03-2005, 10:22 AM
hehehe no joke. Over at slashdot.

http://apple.slashdot.org/article.pl?sid=05/04/28/2214245&from=rss

I wonder if Apple will sue slashdot for posting this. Are pressified enough to withstand the might of J mans wrath?

actual article here.

http://www.appleinsider.com/article.php?id=1039

L8rs
dX^D

Peddy
05-03-2005, 10:27 AM
wow. youd wanna make sure you got all your info right before slapping that on Steve's desk.

durbdk
05-03-2005, 10:33 AM
I think it's rediculous, bet it don't amount to anything; Just Tiger looking
for $$$$$$$$$$$$$$$$.

And, no, I'm not an Apple lover, I'm a PC/Linux man.:thumbsup:

But I'd have to file this under the heading, "Who Care's?", at least as far as I go.:shrug:

alexyork
05-03-2005, 10:35 AM
Didn't some guy's book get pulled off the shelves of hundreds of bookstores because it painted Jobs in a bad light, or something?

Looks like it's one of those weeks for Jobs...

L.Rawlins
05-03-2005, 11:47 AM
Um. Can you even copyright the word 'Tiger'?

Given that it's a word, I mean. 'TigerOS' or 'TigerOS-X' sure, but... I don't know, maybe I'm getting my wires crossed here, but its like trying to copyright the word 'The', isn't it?

It's not allowed. :shrug:

This other company may have 'TigerDirect' and 'TigerSoftware' but I don't think 'Tiger' is anybodies.

Though obviously this is just a thought. I have no legal experience or expertise to back any of that up... :D

Pharoh
05-03-2005, 11:58 AM
Unlike the Windows / Lindows case, the actual word 'Tiger' may not be the problem, here. It could be that TigerDirect have a case if Apple's advertising campaign is seen as potentially harming the company as a result of the frequent use of the Tiger metaphors.

Too similar to TigerDirect's advertising campaign, and Apple could be seen as stepping on their toes.

Peddy
05-03-2005, 12:12 PM
Um. Can you even copyright the word 'Tiger'?

Given that it's a word, I mean. 'TigerOS' or 'TigerOS-X' sure, but... I don't know, maybe I'm getting my wires crossed here, but its like trying to copyright the word 'The', isn't it?

It's not allowed. :shrug:

This other company may have 'TigerDirect' and 'TigerSoftware' but I don't think 'Tiger' is anybodies.

Though obviously this is just a thought. I have no legal experience or expertise to back any of that up... :D

dont have to look far. microsoft copyrighted a more commonly used (and not as a result of) word than Tiger - Windows

L.Rawlins
05-03-2005, 12:39 PM
Point.

But isn't the copyright on 'Microsoft Windows', or 'Windows98/2000/Xp/Etc....' Not the singular word itself.

There'd be a lot of double glazing salesman really peeved if they couldn't slap 'Windows' down the side of their vans, that's for sure. :)

L.Rawlins
05-03-2005, 12:46 PM
Wait a second though... if any of what I'm saying is true...

'Apple' couldn't be called Apple.

...

But then aren't they technically called 'Apple Macintosh' anyway?

Ungh...

*Rubs forehead and frowns*

...

I. Am. Jacks. Widespread. Legal. Confusion. :rolleyes:

StuManFu
05-03-2005, 01:05 PM
This is an intersting thread. It is not the first time Apple Computers have been on the defensive over names.

http://www.legalzoom.com/articles/article_content/article11325.html

Since both TigerOS and TigerDirect are to do with computer technology, it will be interesting to see how this plays out.

durbdk
05-03-2005, 01:05 PM
@ SketcH01 (http://member.php?u=83956)

I feel you pain, I thought that same thing, then my head spun, then I thought I'd go read the copyright laws, then I laughed, then I cried, then I decided I didn't want to start a flame war....:surprised:surprised:curious:

I thought I had read somewhere that common words can not be copyrighted. So, Aple Computer can be copyrighted, but not Just Apple. Hell, if he could do that, wouldn't everyonne who used the word "apple" have to pay him for the right or face a lawsuit?
Think I'll dig into my law encyclopaedia (yeah, I have one....sad, isn't it.:p)

Wouldn't Apple dropping the wily books (all of them) breach some form of business law? It doesn't seem very ethical to me. Not that I care, I avoid apple like the plaque!:shrug:

----------------------------------
Edit
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Don't have time to read it all, but there's some good info here. Basically it says common words can't be copyrighted, bu they can be trademarked. Have to read more and find better sources.

Link (http://en.wikipedia.org/wiki/Trademark)

chadtheartist
05-03-2005, 01:16 PM
This lawsuit is frivolous. Tiger cannot be a trademark. Period. If Apple called there operating system, Tiger Direct OS X, then they'd have a case.

In fact, looking at their own page: (http://www.tigerdirect.com/sectors/aboutus/legal.asp#copytrade)

Copyright/Trademark Information TigerDirect.com is a registered trademark of TigerDirect.com, Inc. This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 1996-2004 TigerDirect.com, Inc. All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of TigerDirect.com, Inc. or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

They specifically outline the only way they'd have a case against Apple.

Pharoh
05-03-2005, 01:25 PM
dont have to look far. microsoft copyrighted a more commonly used (and not as a result of) word than Tiger - Windows

They did, but it was very, very dubious. This is one of the reasons why their law suite against Lindows (now Linspire) was probably settled out of court. They shot themselves in the foot - they continually failed to get summary injunctions against Lindows, and then when they tried to push the Windows copyright/trademark issue, the judge turned around and said 'er, I'm not actually sure that this is legal guys' and started a review of the entire thing... :)

So much for the thinking of high priced lawyers.

Kgen
05-03-2005, 01:35 PM
It's not just a matter of trademark infringment, they are contending that by Apple naming their OS Tiger, they are in fact diluting the "value" of the Tiger Direct in that Tiger will now refer more to the OS than the Company. Not that I agree with the lawsuit (google Tiger, and you stil get Tiger Direct within top 3 searches), but apple has done this before (http://www.macminute.com/2005/04/14/bonjour/). IANAL so take what you will;;

Leionaaad
05-03-2005, 03:04 PM
I have just about nothing to do with laws, but I heared that two companies can have the very same name, as long as their activity is different.

And nowadays you can never know, what isn't copyrighted...
i have to ask my parents..."I know you gave me a name, and all that silly stuff...but you didn't forget to place it under a trademark, havent't you?". I am affraid to use my name....

SegFaultII
05-03-2005, 03:20 PM
heh thats nothing. the german telekom has trademarked the letter "T".
there was some guy who had a tea pub called T - Pub, they sued him and won.

eirenicon
05-03-2005, 03:48 PM
Wait a second though... if any of what I'm saying is true...

'Apple' couldn't be called Apple.

Funny you should say that on this forum, where we use software with names like "Combustion", "Blender", "Shake", and "Maya" from companies with names like Discreet and Alias. They're all just words :p

Stillwell
05-03-2005, 04:36 PM
from companies with names like Discreet

Sir, that would now be Autodesk Media and Entertainement, thank you very much. Now type it three times! http://cgtalk.com/images/smilies/grin.gif

As far as the lawsuit goes, ridiculous. It seems to be popular recently to file lawsuits against giant corporations only for big bucks.

PhilOsirus
05-03-2005, 04:44 PM
I just trademarked every letters of the alphabet. The world is now mine. I bet James Bond never saw that one coming!

Per-Anders
05-03-2005, 05:00 PM
on the Apple naming thing Apple were already sued by Apple :D

no seriously here. The Beatles Apple records sued Apple Computers and I believe in the end a compromise was met whereby Apple Computer was made to promise to not get into the music industry... however when itunes music store came out that agreement was broken...

Q_B
05-03-2005, 05:04 PM
LOL there is a TV series here with a police dog named MAX ... wonder if *Autodiscreetinetix * could sue them ...

L.Rawlins
05-03-2005, 06:16 PM
I. Am. Still. Jacks. Widespread. Legal. Confusion. :D

BigJay
05-03-2005, 06:52 PM
Parker Brothers sued another company for making a game named Anti-Monopoly, PB of course makes Monopoly. They lost because it is a common word. I would not be surprised if the whole thing went no where. Although Apple may do what Microsoft did with windows and just settle it out of court to keep anyone from looking too close at the names Apple or Tiger.


I wounder if that was why they went from Macintosh to Mac.

BigJay
05-03-2005, 06:54 PM
LOL, T!!!

I will copyright 0,1,2,3,4,5,6,7,8,9 and 0 and pwn you all...


Mwhahahahaaaaaaa.......

zappenduster
05-03-2005, 07:34 PM
LOL, T!!!

I will copyright 0,1,2,3,4,5,6,7,8,9 and 0 and pwn you all...


Mwhahahahaaaaaaa.......

hmm that would just not needed you could just register 0 and 1 and let search your everybodys hdds and check the content binary...

spakman
05-03-2005, 08:59 PM
on the Apple naming thing Apple were already sued by Apple :D

no seriously here. The Beatles Apple records sued Apple Computers and I believe in the end a compromise was met whereby Apple Computer was made to promise to not get into the music industry... however when itunes music store came out that agreement was broken...

Kinda hypocritical, since that *trademark* noise heard on the earlier Mac OS's was called "sosumi" (meaning "so sue me"). This was a "clever boy Jobs" hidden "up yours" to Apple records, because of the promise you mentioned in your quote.

This is rilly just my response to another thread in cg discussions about Tiger, where I blew my top over Jobs' Scientoligist - like legal tactics against bloggers, (where I did a diservice to the thread starter by kinda hijacking his valid discussion in a "heated" manner.)

The article on that blog incident is on page 94 of this month's "Life After Darth" Wired. May issue. (some misunderstanding in that other thread over whether the suit involved money or not. There are in fact two suits filed against the bloggers. One to reveal the sources, and one to take a kid's college money from him.

Thalaxis
05-04-2005, 03:31 PM
I think it's rediculous, bet it don't amount to anything; Just Tiger looking
for $$$$$$$$$$$$$$$$.


Given the timing (i.e. the eve of launch) it seems more like a publicity stunt... probably trying to push
themselves up the Google ranking ladder.

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