SPeedY_B
I may actually be insane.
- Joined
- 31 Mar 2002
- Messages
- 15,807
From AppleInsider:
"A judge has denied a request by computer retailer TigerDirect for a preliminary injunction against Apple Computer over allegations that Apple's nickname for its new operating system, "Tiger," infringes on the retailer's trademarked name.
The ruling was part of a 56 page opinion handed down on May 11th by Judge Joan Lenard of the United States District Court for the District of Florida. After weighing arguments from both sides, the Court found that "there is greater risk of damage to Apple from granting the injunction than any potential harm to TigerDirect from Apple's use of Tiger marks."
During the case, Apple VP Phil Schiller was called as a witness and implied that Apple had planned the use of large predator cats as the codenames for its major releases of Mac OS X. Also, Apple disputed that only 4 out of 517 people associated the name "Tiger" with an actual company, giving Apple plenty of leverage behind the use of the name Tiger as a name-brand.
"Turning to the overall impression created by the marks, in the context of each party's use thereof, the Court finds that the marks are distinctly different," Judge Lenard wrote in her opinion denying TigerDirect's motion. She said Tiger marks are frequent in the computer industry and that she saw no evidence that Apple adopted the Tiger name in bad faith or that it has caused any confusion in the market place."
The court has denied TigerDirect a preliminary injunction, and the case is most likely to be thrown out.
Woo
"A judge has denied a request by computer retailer TigerDirect for a preliminary injunction against Apple Computer over allegations that Apple's nickname for its new operating system, "Tiger," infringes on the retailer's trademarked name.
The ruling was part of a 56 page opinion handed down on May 11th by Judge Joan Lenard of the United States District Court for the District of Florida. After weighing arguments from both sides, the Court found that "there is greater risk of damage to Apple from granting the injunction than any potential harm to TigerDirect from Apple's use of Tiger marks."
During the case, Apple VP Phil Schiller was called as a witness and implied that Apple had planned the use of large predator cats as the codenames for its major releases of Mac OS X. Also, Apple disputed that only 4 out of 517 people associated the name "Tiger" with an actual company, giving Apple plenty of leverage behind the use of the name Tiger as a name-brand.
"Turning to the overall impression created by the marks, in the context of each party's use thereof, the Court finds that the marks are distinctly different," Judge Lenard wrote in her opinion denying TigerDirect's motion. She said Tiger marks are frequent in the computer industry and that she saw no evidence that Apple adopted the Tiger name in bad faith or that it has caused any confusion in the market place."
The court has denied TigerDirect a preliminary injunction, and the case is most likely to be thrown out.
Woo