joegratz.net

TigerDirect is suing Apple for a temporary restraining order barring its use of the trademark “Tiger” in connection with the new version of its operating system software, which comes out today. TigerDirect has a registered trademark in the word “Tiger” covering “Mail order catalog services featuring computers and computer related products; and Retail store services featuring computers and computer related products” and a registered trademark in the word “Tigersoftware” covering “catalogues promoting computer software”.

Apple applied for registration of a trademark in the word “Tiger” covering “computer operating system software.” TigerDirect filed an opposition with the Patent and Trademark Office — an administrative proceeding in which TigerDirect tries to convince the PTO that Apple shouldn’t be allowed to register the mark. That proceeding is ongoing; you can view the documents here. Apple has filed a counterclaim in the opposition proceeding seeking to cancel TigerDirect’s “Tiger” and “TigerSoftware” marks.

The opposition proceeding is still in its discovery period, so it’s understandable that TigerDirect saw a need to go to an Article III court for a speedier resolution. The last set of briefs before the opposition is resolved aren’t due until July of 2006, by which time Apple will probably have released its next version of Mac OS, which will inevitably be named something like Ocelot to avoid any trouble.

UPDATE: TigerDirect’s complaint and the brief supporting its motion for a temporary restraining order are available. The complaint is written in a rather overbearing, argumentative style, but doesn’t contain much that’s surprising. The only item of note is paragraph 31, in which TigerDirect alleges that Apple’s harm to its search engine ranking for the term “Tiger” is relevant to its claim.