Feeds

Judge rejects Mac OS X 'Tiger' ban demand

Apple operating system and PC reseller 'distinctly different'

  • alert
  • submit to reddit

US reseller Tiger Direct has failed in its attempt to seek an injunction against Apple banning the Mac maker from selling Mac OS X 10.4 'Tiger'.

Last week, the US District Court of Florida, Judge Joan Lenard presiding, ruled that "there is greater risk of damage to Apple from granting the injunction than any potential harm to Tiger Direct from Apple's use of [the] Tiger [name]".

More to the point: "The [trade]marks are distinctly different," she ruled. "Any given customer who cross-shops Tiger Direct 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."__

Judge Lenard published her ruling late last week, after issuing it to plaintiff and defence legal teams on 11 May. The injunction hearing was held on 5 May, a week after Apple shipped Mac OS X 10.4.

Tiger Direct alleged Apple's decision to dub the latest version of Mac OS X after the same predatory feline after which itself is named would not only confuse consumers but had already cost it valuable business. Specifically, it claimed it was losing web search engine hits after Apple ""overwhelmed the computer world with a sea of Tiger references".

Tiger Direct originally wanted the Court to prevent Apple from using the 'Tiger' name, effectively forcing it to pull the OS from store shelves and rebrand the software in some other way. However, by the time of the hearing it had reduced the impact of the injunction, asking the court simply to prevent Apple using the word 'Tiger' in any way except as a suffix to 'Mac OS X' or 'Mac OS X 10.4', AppleInsider reports. It also said it would accept Apple's need to use already produced promotional materials. The Apple web site and future marketing paraphernalia would have to be changed, it said.

At the hearing, Apple maintained it in no way intended to trade on the back of Tiger Direct's name, and that the use of the word 'Tiger' was the latest in a long line of big-cat code- and brand-names used for its operating system. Plenty of other Tiger-branded products exist which the reseller doesn't feel are problematic, it said. ®

Related stories

How Hilary Rosen learned to stop suing and hate Apple's iPod
Apple fixes critical iTunes bug
Macintoshes are 'hot' amid slow April PC sales
Apple settles Eminem lawsuit
Symantec false alert floors Macs
Apple iTunes sales sail past 400m
PC dealer sues Apple over Tiger

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Three 1TB solid state scorchers up for grabs
Big SSDs can be expensive but think big and think free because you could be the lucky winner of one of three 1TB Samsung SSD 840 EVO drives that we’re giving away worth over £300 apiece.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.