Phoenix To Change Name 549
e8johan writes "Phoenix, the Mozilla-based web browser, is forced to change name. The new name has not yet been decided, but it is being
discussed
. The reason is that the BIOS manufacturer
Phoenix Technologies
dislikes the trademark infrigment. Next week version 0.5 will be released, with a new name."
About that name change... (Score:5, Interesting)
Whatever they finally decide upon, it's going to take quite a while to win the approval of the users.
Re:About that name change... (Score:5, Interesting)
Re:About that name change... (Score:5, Informative)
The Canadian Intellectual Property Office has a nice document resuming what can and cannot be trademarked. [ic.gc.ca]
Re:About that name change... (Score:5, Insightful)
This would only be a problem if a prospective customer would be confused between item A && item B based on an infringing trademark. For instance, Phoenix Bios and Foenix Bios - the latter would obviously be infringing. But in this case, Phoenix the Web Browser can never cause confusion because there is no possibility of a web browser-item being confused with a bios-item.
So, even a layperson can see there is no infringement - BUT- in the new universe of corporate-lawyer as bullies , Phoenix Bios only has to accuse Phoenix Web-Browser in order that the Browser people would have to change the name, *because* they havnt the $ resources to buy their justice.
THAT is the real tragedy here.
Re:About that name change... (Score:4, Informative)
Re:About that name change... (Score:3, Insightful)
Are we supposed to believe that Phoenix (the BIOS company) is worried about the value of their brand among people who have "absolutely no idea what a BIOS is"?
Re:About that name change... (Score:5, Interesting)
Clearly, Phoenix is a generic name from mythology, and Phoenix the bios company is merely taking advantage of the fact that it's easy to bully a group of volunteers, whether there is a case for infringment or not. Not only is Pheonix a non-original name, but there is also no possibility of confusion between Phoenix the bios and Phoenix the browser, or any possibility for Phoenix the browser to trade on the goodwill of Pheonix the bios maker. Such goodwill as Pheonix the bios maker has left that is. I don't know about you, but this company just made it onto my black list, right up there with Adobe (remember Killustrator?). No Phoenix bioses will make it into any project that I have control over.
About Killustrator... (Score:3, Informative)
Where Adobe has a vector based graphics program called Illustrator.
Where Killustrator is an open source vector based graphics program.
They could have called it Kill, and there would be no case for infringement.
Or they could have called it KVector. Or KPotato. Or Kantor. But they chose to call it Killustrator, which, remove the K, is a *trademarked* name. Now, if Killustrator was an open sourced Ogg Vorbis jukebox, there wouldn't be a problem because there's no way to confuse Killustrator Jukebox with Adobe Illustrator...
It's as if the browser was named PInternet Pexplorer. Hmmm.
Or if Microsoft made a game console called the Microsoft XPlayStation.
Hmmm.
Re:Congratulations, Phoenix. I'll never buy again. (Score:5, Informative)
Re:Congratulations, Phoenix. I'll never buy again. (Score:5, Informative)
That's right. It's called "firstview connect" [phoenix.com], and it actually runs an embedded Linux kernel (that's what the page says, anyway).
What are the chances of Phoenix (the embedded browser) to be actually based on Mozilla? I think Phoenix (the company) is right asking Phoenix (the project) for the name change, but they should do it very, very politely. Like an open letter asking to please change the name. Otherwise they'll look like a bunch of hypocrites when they go ahead and use Phoenix (the really good browser) in Phoenix (the BIOS).
You know, the name does get confusing when talking about this...
Re:Agreed (Score:5, Informative)
This sounds like a strong case of infingement to me against the Phoenix (as in, Phoenix, the gecko based browser) developers.
Re:About that name change... (Score:3, Interesting)
There's one Phoenix that dies and is reborn every 500 years. So no need for a plural, and so no plural.
But... (Score:5, Insightful)
the real reason Phoenix BIOS is pissed... (Score:5, Funny)
Award BIOS (Score:5, Informative)
I've NEVER seen a computer with Phoenix bios.
Heard of the "Award Modular BIOS" [phoenix.com]? That's a Phoenix BIOS as well.
Re:Award BIOS (Score:5, Insightful)
Most build-it-yourselfers won't have encountered a Phoenix BIOS under its own name, since they're primarily found in OEM machines, and typically bearing the OEM's name (that "Dell" or "HP" or "Tandon" or whatever OEM-named BIOS is usually a Phoenix BIOS under the hood).
Yet another reason to avoid OEM machines. Phoenix BIOSs have always been two generations behind, feature-poor, and buggy as hell.
Re:But... (Score:3, Informative)
Re:But... (Score:2)
RD
What's the relation (Score:2, Interesting)
Does this mean that I can never use "Apple" as a name for my program?
Re:What's the relation (Score:4, Interesting)
Trademarking has got ludicrous, especially in the USA, and ANYTHING which is a noun in the dictionary should *not be allowed to be trademarked* IMHO. Fine, allow a custom name to be trademarked, like perhaps Hoover, but not Phoenix or Apple.
Hoover is not a custom name (Score:4, Informative)
General Electric isn't a "custom" name in the tradition of Exxon and Acura either and both words are dictionary words.
"Bob's Hoover Repair Shop" wouldn't be a custom name either, being a combination of a common proper noun and ordinary dictionary words.
Perhaps more to the point would be the name of an actual veterinary clinic not far from my home: "Honest Bob's Pet Repair Shop."
I'd wager there isn't another Honest Bob's Pet Repair Shop anywhere in the world. This phrase, made up of nothing more than a common name and common dictionary words is a legitimate trademark.
Historically there has been no problem with this concept. The problem has only arisen recently when rich and litigously agressive companies seek to claim *ownership* of a word due the their holding of a trademark.
This is pure bunk. Honest Bob's Pet Repair Shop does NOT have the exclusive right to the use of the word "pet" or "shop" or "Bob's," even with regard to other veterinary clinics. Nothing in either trademark law itself or the history of litigation over trademarks implies that right.
The trademark is for "Honest Bob's Pet Repair Shop" * as a whole.* As a whole it is a "custom" name.
To complicate matters using particular art may be a mark. That is, in fact, why it's called a trade*mark* rather than tradename. A common lawyer trick is to trademark a particular word displayed in a particular *way.* This appears to be what Phoenix Technologies has done. They have invented a "custom" font for the word Phoenix and trademarked it. Such a mark does *NOT* confer exclusive rights to the *word,* only the graphic in the abstract sense.
That doesn't stop the lawyers from waving around their trademark registration on the graphic and claiming exclusive rights to the word the graphic contains. Have YOU got the $20,000 and 5 years it would take to fight them? They do. In their case it's their job.
In your case it's your life ruined. Guess who wins?
Trust me, the lawyers ( at least the good ones, there are crappy lawyers who actually haven't a clue about legal philosophy. Go figure) are perfectly aware of all of this. They know they don't necessarily have a case ( in this instance they might because both companies deal with computer software) but take these threatening tactics anyway. Their company hired them to trample the opposition and that's what they do.
It isn't the fault of trademark law.
If anything it's the fault of the damned Judges, part of whose job is to throw out obviously bullshit complaints, or at least deal with them in a fairly summary fashion. Nowadays pretty much every doofey complaint gets the full dog and pony show and just the pretrial fillings alone in such a case are enough to break the average Joe.
KFG
Re:Hoover is not a custom name (Score:3, Interesting)
General Electric isn't a "custom" name in the tradition of Exxon and Acura either and both words are dictionary words.
Yes. By 'custom name', I meant one that wasn't an English noun.
Historically there has been no problem with this concept. The problem has only arisen recently when rich and litigously agressive companies seek to claim *ownership* of a word due the their holding of a trademark.
Yep. What I argue is that it shouldn't be possible to claim that you have the treadmark of a single common English noun, or a (very) common phrase in English, such as "that's life". I'm informed by my dad, who is a solicitor, that in Britain, that is exactly the case. Dunno about America.
That doesn't stop the lawyers from waving around their trademark registration on the graphic and claiming exclusive rights to the word the graphic contains. Have YOU got the $20,000 and 5 years it would take to fight them? They do. In their case it's their job.
WRT 5 years: You don't need to spend every second of your 5 years fighting a case. That's what your lawyers are for. The case SHOULD be a minor inconvenience, with you telling your lawyers the particulars of it and them handling the legal side.
WRT $20,000: Surely, after winning the case, the prosecuting company should be forced to pay you back your legal fees in full PLUS inconvenience payments. That would discourage this kind of legal challenge.
In your case it's your life ruined. Guess who wins?
If they don't have a legit case, YOU should win.
If anything it's the fault of the damned Judges, part of whose job is to throw out obviously bullshit complaints, or at least deal with them in a fairly summary fashion. Nowadays pretty much every doofey complaint gets the full dog and pony show and just the pretrial fillings alone in such a case are enough to break the average Joe.
I'm not so sure the problem is the judges not throwing out bogus cases. I think the real problem is either REALLY stupid judges actually upholding stupid complaints, or REALLY stupid juries upholding them. If every stupid prosecution case failed, and was made to pay the defense's legal fees PLUS compensation for the inconvenience, this kind of shit wouldn't happen half as much.
Re:What's the relation (Score:2, Interesting)
There doesn't have to be a direct relation.
Marks are compared using a two part test: Similarity in the marks and Similarity in the Goods and Services
Comparing the marks is easy: similarity in sound, appearance and meaning. Here, the marks are identical.
Comparing the goods and services is a little trickier: Similarity of Goods/Services, Similarity of Use or Users, Similarity of Marketing/Marketing Channels. I think the BIOS people have some strong arguments, but I don't think it is an open and shut case. The Trademark Trial & Appeal Board (and I would bet, a couple of Courts) have held that there is no per se confusion in general, and specifically that there is no per se confusion for computer goods and servicess. Obviously, that's because computer goods and services run the gambit. For example, I don't think the consuming public would confuse identical trademarks for computer monitors and web design services. Both involve computers, but there has to be more than that.
Phoenix BIOS may be arguing that they are a famous mark. Takes less than you think to be "famous", but still, I don't know if they meet the requirement like Apple Computer does.
Apple pretty much has Apple wrapped up for anything related to computers, and they can argue sucessfully that they are a famous mark.
I can only guess that Mozilla doesn't want to deal with litigation and Phoenix BIOS knows that.
Yeah, it seems childish on Phoenix BIOS' part, but it is often a "slippery slope" argument when trademark holders don't protect their assets... they run the risk of letting their mark be "diluted" until it has very little value or goodwill anymore.
Re:What's the relation (Score:5, Informative)
I think Phoenix Technologies are most know for their Phoenix BIOS, but they also develop Phoenix FirstView Connect. After reading the product description, it takes no genius to see they're related in functionality:
"Phoenix FirstView Connect 3.0 is a powerful, complete software platform that enables digital device OEMs to introduce robust, interactive Internet functionality- as a primary or secondary function- into their consumer electronics devices quickly and affordably. Providing industry-leading, standards-based support such as HTML 4.0, CSS 2.0, DOM 2,0, Javascript 1.4 and Flash 4 with a small code size, FirstView Connect was designed specifically for the emerging Information Appliance market and is ideally-suited for adding new value to both traditional and next-generation digital devices. Having delivered value at the core of digital devices for the past 20+ years, Phoenix provides a flexible and extensible software solution that you can depend on now and in the future."
So you could say they also have a browser.
I've got it (Score:5, Funny)
Re:I've got it (Score:3, Funny)
No, no, no... (Score:2)
~Philly
It's a tricky one... (Score:5, Funny)
AnotherPhoenix(tm) just doesn't have quite the same ring however...
Phoenix's Not Phoenix... (Score:5, Funny)
or: 'Phoenix's Not The Other Phoenix' PNTOP?
or: Phoenix Ain't Phoenix (PAP)?
or even better: Phoenix Ain't Phoenix So Moveon Electronic Assembler Representatives! (PAP SMEAR)?
Okay. I'm going back to making turkey now. (Instead of corn.)
Re:It's a tricky one... (Score:2)
Mozuki (Score:5, Funny)
Re:Mozuki (Score:3, Funny)
Phoenix (the BIOS company) happens to be based in San Jose, CA.
-b
Re:Mozuki (Score:2, Funny)
No way, Jose...
Cheers,
Ian
Hmmm..... (Score:5, Funny)
We can only hope an actual Phoenix doesn't show up to claim what belongs to him/her/it.
Name suggestions (Score:5, Funny)
Cast your votes (Score:5, Funny)
Like "Version 0.6"?
Personally I would go for "Feenicks"
Re:Cast your votes (Score:2)
Re:Cast your votes (Score:3, Interesting)
Or how about "Freenix" (Phreenix or Phreonix)?
Name suggestion (Score:5, Funny)
Re:Name suggestion (Score:2)
It's been one week since you looked at trademarking
Threw your arms in the air and said 'It's crazy'
What about: Kirin (Score:5, Interesting)
(It's also a beer from Japan [kirin.com] - but presumably they can't claim copyright since it's a common word and there isn't too much link between software and beer
Re:What about: Kirin (Score:5, Funny)
You're new to the software industry, aren't you?
not a big deal I think (Score:2)
Mothra (Score:2)
Re:Mothra (Score:2)
Trademark Infringement (Score:5, Insightful)
"The reason is that the BIOS manufacturer Phoenix Technologies dislikes the trademark infrigment[sic]."
That should say that Phoenix Technologies dislikes the perceived trademark infringement. Whether or not there is actual trademark infringement in this case is very disputable.
Re:Trademark Infringement (Score:2)
However, should Phoenix (BIOS) wish to pursue this through the courts, Phoenix (browser) wouldn't be in a good position to defend itself. Sometimes it's easier to "roll over" and just change names.
In the script... (Score:5, Funny)
Mozilla: I shall call him Mini-me!
Re:In the script... (Score:5, Funny)
MiniMoz?
Re:In the script... (Score:2)
Marketing is exactly what Open-Source projects are worst at.
MiniMoz? Hilarious! (Score:2, Funny)
Let's call it... (Score:2, Insightful)
...Browzilla
From the dupes dept. (Score:3, Informative)
Not a dupe but a follow-up (Score:3, Informative)
This isn't a duplicate story but rather a follow-up, announcing that the Ph??n?x project is no longer "considering" a name change but has, in fact, decided to change its name. Should have been a Slashback.
Moral: Always do a first level trademark search [google.com] before you decide on a name for your software package.
Yeah well...in this case, I think it's reasonable (Score:2)
I mean: the KIllustrator vs. Adobe Illustrator thing some time ago was a bit weird, because Illustrator can be seen as a more general word that can't be trademarked.
However, in this case we are talking about the exact same name being used for different products - and it's not like 'Phoenix' is a generally used, meaningfull word that shouldn't be trademarked, in my opinion.
Re:Yeah well...in this case, I think it's reasonab (Score:2)
"Phoenix" BIOS (Score:2)
The fact that they are different products
On the one hand, you have PhoenixBIOS and Award Modular BIOS, both products of Phoenix Technologies. Phoenix sells BIOS products that contain a ROM based web browser, designed for use in Web access terminals.
On the other hand, you have LinuxBIOS plus a ROM filesystem containing an X server and a web browser based on Mozilla code. This could possibly work in a Web access terminal.
So which is a "Phoenix BIOS"?
Now do you see why Phoenix Technologies is getting so upset?
In memory of the Apple project called Carl Sagan (Score:2, Funny)
Which mythological creatures are left (Score:5, Insightful)
Leprechaun
Kirin
Unicorn
Gelatinous Cube
Rust Monster
Jabberwocky
C'thulu (doesn't count but who wouldn't love a browser named C'thulu?)
Type IV Demon
Re:Which mythological creatures are left (Score:5, Funny)
Gazebo!
FFS (Score:5, Informative)
BZZT! Wrong! You can call the browser Rolling Stone. You cannot however, start a band called rolling stone, or sell music under a label called rolling stone. When will people learn that a trademark is a narrow thing? Phoenix bios is a software product, like the-browser-formally-known-as-phoenix, so it's fair enough they complained.
Re:FFS (Score:3, Funny)
Before we all start siding with the underdog... (Score:5, Insightful)
It outdates the browser by quite a bit, and has worked hard to built a reputable brand for itself. Everyone I know has at least heard of Phoenix bios, and it would be a huge disaster for them if the Phoenix name in association with computers would intuitively refer to a browser instead of their BIOS.
Bottomline is that they should have thought about this before they named their browser phoenix.
'nuff said.
so? (Score:2)
Phoenix *BIOS* has nothing to do with Phoenix *browser*. The two names do not create confusion, so Mozilla folks can use the name. A tradamark applies to one specific area. This is wy we have Macintosh apples and Macintosh computers, or, more recently, Windows XP and Athlon XP.
Re:so? (Score:5, Informative)
Check out this link:
http://www.phoenix.com/en/products/firstview+co
Navigator (Score:2)
Anyway, how about Internet Navigator? I think having a name that tells you what it does is a good start for converting n00bs.
----------
the site that David Letterman DIDN'T want you to see [wallpaperscoverings.com]
a name to help it catch on (Score:5, Funny)
Microsoft Internet Explorer 7
then people will not only understand what it is, but they will go ahead and download it.
Re:a name to help it catch on (Score:5, Funny)
So, let's pick a name outside the industry (Score:2, Funny)
Yup, no grounds for anyone not in the software business to complain about that name
how about: (Score:2)
Pheonix?
Baz
Infringement (Score:3, Interesting)
IANAL, and I have no idea what I'm talking about. This is Slashdot after all.
Re:Infringement (Score:3, Insightful)
Because Phoenix Technologies also makes a browser [phoenix.com]. If Mozilla had made a science simulation software called Phoenix, I'm sure there wouldn't have been a problem.
That's ridiculous (Score:2)
Why should this 3 million citizens city have to change name because of a stupid company that has only name recognition among nerds anyway ?
And what should they call it instead ? Arizona City ?
Ridiculous.
I'd be happy to license *my* trademark to them... (Score:2)
Alternatives (Score:2)
Phoenix Is No Bios (PINB)
Better Internet Organizing System (BIOS)
ah well,
other will make up many more.
Who's next? (Score:2)
Or is there a selective method of choosing so-called infringers?
Salamander (Score:5, Interesting)
I hope that, if they change the name, they use this one.
Basilisk and other monsters of mythology (Score:5, Insightful)
Thats not a trademark issue (Score:2)
But they're stuck... (Score:2)
This nonsense has to stop (Score:2)
Let's face it, the courts generally don't care about you unless you have money or influence. So now we must take our battle against greedy and stupid corporations to the streets, or at least the net. Its not right we have to resort to this, but the more I read
Its time to take it back the only way we have left, though a massive grassroots campaign to fill their boxes with angry letters and to push every negative thing about that company into the limelight as much as possible until they cave in to our rightful demands that they use some fucking common sense.
When is this madness going to end? (Score:2, Insightful)
The only reason this is enforceable is because the lawyers of america will do any dirty trick in the book and be able to win the case. It has been proven that you can get away with murder if you have enough $$.
Again, lawyers are ruining America. Every day is another day where they harm our rights. This process can only be stopped with an armed revolution.
Moving right along (Score:2)
Time for Apollo to sue them... (Score:2)
In fact, Phoenix is the english variant of the greek Phoinix [theoi.com], the famous mythic firebird that gave birth to a common european phrase: "recovering/reviving from the ashes". Also, it is the name a city in the US that is well known around the world. Phoenix's owner is Phoebus/Apollo the Greek/Roman God of the Sun. I didn't see that Mozilla people named its browser "Phoenix Technologies"... So, why these guys would be so picky about trademarks?
Well probably they don't want to loose their first place in Google [google.com]
Domino's Pizza/Domino Sugar (Score:5, Informative)
"Whether a mark is sufficiently distinctive to be capable of being diluted is a similarly open-ended question, and a mark's position on the "spectrum" of distinctiveness will not be dispositive.81 Even well-known, inherently distinctive marks may be incapable of being diluted if there is extensive third-party use. Under this theory, Domino's Pizza, Inc., successfully argued that its mark DOMINO'S for pizza delivery services did not dilute Amstar's arbitrary and famous mark DOMINO for sugar.82"
Google turned up 6,190,000 matches for "Phoenix", btw.
Recursive acronym, anyone? (Score:3, Funny)
MNM - MNM is Not Mozilla.
Call it: The Browser Formerly Known as Phoenix (Score:3, Funny)
I like that
I vote for Kleenix (Score:3, Funny)
A page out of Princes Book (Score:3, Funny)
I would say sorry to those who can't see that character, but you are actually the more fortunate.
New name (Score:5, Funny)
"Phoenix the web browser, not PhoenixBios who are a bunch of fsckers"
How about Gryphon? (Score:3, Insightful)
Naming conventions? (Score:3, Interesting)
But we can come up with other names that make sense too. How about something that harkens to the Netscape name (not so obviously that it presents a trademark issue of course). Example: Lightscape (or Litescape). Maybe that's too similar, and we should expand the search to related themes. Galeon used this approach for its name, which is a decent name. Some other cool ship name?
Something like K-meleon, on the other hand is a shitty name (if for no other reason than it's not only hard to spell and thus hard to search for and find on the web).
If you can find a mythological name that seems appropriate (has some associated imagery) and sounds decent rolling off the tongue then fine. Otherwise, we shouldn't limit ourselves to the mythological figures/Phoenix-alike names. I don't want this to end up as another open source project rendered inaccessible to a wide audience by a shitty name (think: Ogg Vorbis). I'll never be able to download and install something on my mother's computer if I have to tell her it's an Ogg Vorbis player.
Thank god! (Score:4, Funny)
Phew!
I've lost track of the times I've restarted my machine, held down the delete key and tried to load up slashdot using the BIOS instead of the web browser by mistake. Now I can surf again without fear of making this foolish mistake!
Another idea... (Score:3, Insightful)
Why not take the same approach? Call it "Project Phoenix" or "The Phoenix Project" and call the browser something bland? IIRC, a trademark only applies to exact wording - i.e. "The Phoenix Project(TM)" does not infringe on "Phoenix(TM)", even if they both are vaguely software-related in some way. At least it puts you in a defensible position. Just an idea anyway. Let me know if I am completely wrong. Obviously, Phoenix can still sue and argue trademark dilution if they really want, but they would have to prove that there's a reasonable chance for confusion. That seems difficult no matter what. And frankly, Phoenix can sue them anyway if they want, even if they've ceased the offending usage (they can still argue damage has been done to their brand recognition - hah!) - no reason to run scared from a lawsuit, it just encourages more frivolous suits.
Time for word games: (Score:3, Funny)
Penix
Foenix
Pfoenix (as in price pfister the pfaucet maker)
PfuckUPhoenix (just remember, as above, the F is silent
And there are the old standbys from the browser wars:
Internet Exploiter,
Internet Exploder
(and one of my fav's)
Nutscrape.
.
Re:And there was me... (Score:5, Informative)
For example, I recently wanted to use a Camel on a Perl website (not completed yet) and I had to consult O'Reilly, since they have a trademark on associating a camel with Perl. Other people can use camels for whaterver they want, it's just that they have a trademark when using it in conjunction with Perl. See the FAQ [oreilly.com] for more info.
Re:And there was me... (Score:2)
Anyway, a Rose by any other name still renders pages as quick...
Re:The letter X (Score:5, Funny)
Re:Trademark Infringement? (Score:2)
Yes, they do [phoenix.com].
Re:Phoenix! That was a great game!! (Score:3, Funny)
It no matta pliah aht.
It no matta dictionary wuhd.
It matta how many billion yen yoah company wohth...