Apple began marketing its Tiger operating system on 12th April,
using a multimedia campaign that referred to "Tiger Essentials",
Tiger Unleashed", "Tiger World Premiere" and "X Days until
Tiger".
The campaign directs consumers to a "Tiger Center" that features
products from manufacturers and product categories that, according
to Tiger Direct, are basically the same as its own offerings.
The operating system launched on Friday – the day after Tiger
Direct, a subsidiary of Systemax, sued in the US District Court for
the District of Florida, alleging that Apple has engaged in trade
mark infringement and unfair trade practices.
The marketing campaign has already had an effect on Tiger
Direct's search rankings, says the lawsuit, which reveals that an
internet search for "tiger" used to place Tiger Direct in the first
three search responses, with the firm being the sole provider of
computers and computer-related products listed.
Now, according to the complaint, Apple Computer "inundates the
results of Google searches and has become the first result in a
search for "Tiger" in the Yahoo and
MSN
search
engines".
Tiger Direct says that there is now a perceived confusion
between its products and the products being marketed by Apple under
the "Tiger" brand. It is therefore seeking damages, a temporary
restraining order and an injunction to prevent further damage to
its brand.
A preliminary hearing is scheduled for today.
