piranarew wrote:http://www.news.com wrote:A federal judge has denied an emergency request from online retailer TigerDirect to curtail Apple's use of the Tiger term in conjunction with the latest release of Mac OS X.
TigerDirect had filed a trademark infringement suit last month, alleging that Apple's use of Tiger hurt the company in a variety of ways, including pushing TigerDirect lower in search engine results related to computers. However, U.S. District Court Judge Joan Lenard ruled last week that there was no need for an immediate injunction.
A bunch of details on the ruling can be found in AppleInsider's report on the subject. According to that site, the court ruled 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."
Original story from
here
Mac Observer wrote: Judge Joan Lenard noted: "The Court finds that the [companies' trade]marks are distinctly different.
"Any given customer who cross-hops 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," the judge said.
The judge also noted that granting Tiger Direct's injunction plea, which called for the immediate cessation of Mac OS X v10.4 "Tiger" sales, would cause more harm to Apple than any damage inflicted on Tiger Direct by allowing sales to continue.
Tiger Direct originally asked Apple to stop using the word Tiger completely but later amended that plea by asking the company to cease its use in relation to Mac OS X. Apple's lawyers countered by claiming that the company had no intention to exploit Tiger Direct's reputation and was simply following a pattern established by the use of other big cat names for previous releases of OS X.
Apple also showed that it had registered a trademark on Tiger in 2003 while Tiger Direct had no legal claim to the word for use on computer goods. In addition, Apple submitted a survey showing that only six percent of consumers associated the word Tiger with Tiger Direct.
Original Story Here
http://www.themacobserver.com/article/2 ... 6.13.shtmlUserAgent: Mozilla/5.0 (Macintosh; U; PPC Mac OS X; en) AppleWebKit/312.1 (KHTML, like Gecko) Safari/312
"Once the music leaves your head it's already compromised." - Thurston Moore of Sonic Youth
