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Phoenix To Change Name

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."

540 comments

  1. About that name change... by EchoMirage · · Score: 5, Interesting

    It's important to note that this has been debated on and off in the Phoenix community for quite some time. Many of the users and theme developers are quite opposed to Phoenix changing its name, but the developers insist that it's a necessary evil. A proposal for the name change on the MozillaZine board spanned into a 20-page discussion.

    Whatever they finally decide upon, it's going to take quite a while to win the approval of the users.

    1. Re:About that name change... by aonaran · · Score: 5, Interesting

      Can you trademark well known mythological creature's and hero's names in the US? I'm pretty sure you can't in Canada then again IANAL.

    2. Re:About that name change... by javatips · · Score: 5, Informative

      Nothing in Canada's trade mark law prohibit you to trademark a mythological name.

      The Canadian Intellectual Property Office has a nice document resuming what can and cannot be trademarked.

    3. Re:About that name change... by SubtleNuance · · Score: 5, Insightful

      ..the trouble is that "trademark" law is "expanding". In the past, no one would consider bringing such an obviously wrong accusation.

      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.

    4. Re:About that name change... by Daniel+Phillips · · Score: 5, Interesting

      Can you trademark well known mythological creature's and hero's names in the US? I'm pretty sure you can't in Canada then again IANAL.

      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.

      --
      Have you got your LWN subscription yet?
    5. Re:About that name change... by Anonymous Coward · · Score: 0
      Many of the users and theme developers are quite opposed to Phoenix changing its name
      Well of course they are. First Phoenix users and other GNU/hippies want all of their software to be "cheap software", then they want to use and exploit a trademark of a legitimate business.

      Is nothing beneath them?
    6. Re:About that name change... by Jeremiah+Cornelius · · Score: 2
      I know, Mr. Kotter! I Know!

      Let's call it Galeon!

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    7. Re:About that name change... by Ed+Avis · · Score: 2

      You could call if Fawkes. Are there any other famous phoeni... er... what is the plural of phoenix anyway?

      --
      -- Ed Avis ed@membled.com
    8. Re:About that name change... by saskboy · · Score: 1, Insightful

      I don't know how people could think that they two are the same thing. I mean what real computer user doen't know the difference between a BIOS and a Browser. Type them into a goshdarn thesaurus!
      Phoenix should counter sue the BIOS company into the "stone" age, for wasting their time!

      --
      Saskboy's blog is good. 9 out of 10 dentists agree.
    9. Re:About that name change... by binaryDigit · · Score: 2

      Sure, why not? If I were to create a rival BIOS company and name it Pfeonix, why shouldn't Phoenix be able to claim trademark rights? The issue here is that Phoenix the BIOS company also sells software (well a BIOS is software to, but ..) AAMOF, they actually sell a browser (FirstView Connect).

    10. Re:About that name change... by n9hmg · · Score: 1

      This pattern of claiming trademark territory in unrelated fields has gone so far, I'm glad J.K.Rowling lives in the U.K., else Fawkes would be a "burning bird".

    11. Re:About that name change... by Jedi+Alec · · Score: 1

      This company already made it on my blacklist, back when they were the only Bios manufacturer out there being unable to comply to USB standards, meaning your devices wouldn't work if plugged in during boot. Quite frustrating. BTW, aren't these the guys that bought Award out a little time ago?

      --

      People replying to my sig annoy me. That's why I change it all the time.
    12. Re:About that name change... by Anonymous Coward · · Score: 0

      I blame the democrats and the trial lawyers.

    13. Re:About that name change... by rowdent · · Score: 1

      Fawkes...a phoenix? Guy Fawkes tried to blow up British Parliament, and now his effigy gets burned on bonfires, coincidence?

      --
      "If liberty means anything at all, it means the right to tell people what they do not want to hear." --George Orwell
    14. Re:About that name change... by fault0 · · Score: 2

      > Phoenix should counter sue the BIOS company into the "stone" age, for wasting their time!

      And where does the money come from to help them do so?

    15. Re:About that name change... by Surak · · Score: 2

      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.

      Trademark infringement also occurs when customers could be confused by the origin of a product.

      Intel doesn't make hard drives, for instance. They make CPUs, motherboards, and a couple of miscellaneous items like network cards. But I started making Intel Hard Drives, *of course* Intel could sue the pants off of me, because customers could reasonably assume that the hard drives were made by Intel Corporation, the manufacturer of CPUs. This could even extend to other markets. It's very likely that Intel would clean me out over a line Intel TVs or Intel Cell Phones, or even Intel Cigarette Lighters, but since cigarette lighters don't have any processing power (unlike TVs or Cell Phones) I think that would be more of stretch.

      The possible source of confusion in this case is that it might be reasonable for customers to assume that Phoenix Web Browser came from Phoenix Technologies, the makers of the Phoenix BIOS. Even though they're different products, they're both computer-oriented.

      IANAL.

    16. Re:About that name change... by SubtleNuance · · Score: 0, Flamebait

      I blame your Republicrats and their Plutocratic friends building a system for themselves alone to thrive.... go figure.

    17. Re:About that name change... by Drakonian · · Score: 1
      Is this sarcastic? I bet you 90% of non-slashdot reading computer users have absolutely no idea what a BIOS is. And probably about a similar number just "click that 'e' button" on their desktop to "logon to the internet".

      Just to follow your suggestion:
      thesaurus.com: No entry found for BIOS.
      thesaurus.com: No entry found for browser.

      --
      Random is the New Order.
    18. Re:About that name change... by Anonymous Coward · · Score: 0

      Don't jump the gun - they make a browser too.

    19. Re:About that name change... by Anonymous Coward · · Score: 0

      Mod this parent up.

    20. Re:About that name change... by Ctrl-Z · · Score: 2


      The problem with that argument is that Intel is not a word in the English language outside of Intel Corp.

      Phoenix is.

      --
      www.timcoleman.com is a total waste of your time. Never go there.
    21. Re:About that name change... by Anonymous Coward · · Score: 0

      Mod the parent of the parent and the parent down.

    22. Re:About that name change... by Bunji+X · · Score: 0, Flamebait

      Oh, and how do you "logon to the internet"? Did you write your own TCP/IP stack? Soldered your own ethernet card?

      No? But you filled in your IP's server adresses or enabled the DHCP service? Damn, good work, dude!

      Puhlease, get down off your high horses.

      --
      ---
      The combined human population is enough to feed every living tiger for app. 28000 years.
    23. Re:About that name change... by Anonymous Coward · · Score: 0

      With this logic every company that sells technology must have a different name. If we are depending on the understanding of average people for the definition of "confusion" and "computer oriented" then we should really just have one big company that sells everything.

    24. Re:About that name change... by Kragg · · Score: 3, Interesting

      I was wondering about this a few months back (because of yet anOTHer software package called Phoenix as it happens)... turns out there isn't one.

      There's one Phoenix that dies and is reborn every 500 years. So no need for a plural, and so no plural.

      --
      If you can't see this, click here to enable sigs.
    25. Re:About that name change... by ArtDent · · Score: 3, Insightful

      WTF?

      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"?

    26. Re:About that name change... by blueskies · · Score: 1

      Everyone knows it means Basic Input/Output System. Just ask Neil Stevenson in Snow Crash.

    27. Re:About that name change... by Aldurn · · Score: 2, Funny

      At the rate it's going, "Mozilla BIOS" isn't too far off.

      --
      char sig[120] = "\0"
    28. Re:About that name change... by Malcolm+Scott · · Score: 1
      The problem with that argument is that Intel is not a word in the English language outside of Intel Corp.

      Phoenix is.
      ...As are "Award", "Apple", "Opera", "Pegasus" (another Greek mythological character, incidentally, as well as a mail client), "Red Hat"...

      There's nothing that says you can't trademark an English word.
    29. Re:About that name change... by jemoody · · Score: 4, Informative

      It can and will cause confusion. Phoenix (bios people) is releasing a web browser. See here for details.

    30. Re:About that name change... by blincoln · · Score: 2

      The problem with that argument is that Intel is not a word in the English language outside of Intel Corp.

      It is in the US "Excess of Abbreviations? I think it's EXOBREV that takes care of those" military.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    31. Re:About that name change... by Anonymous Coward · · Score: 0


      I wonder what do McGyver and Pete at the Phoenix Foundation have to say about this...

    32. Re:About that name change... by Anonymous Coward · · Score: 1, Informative

      Military intelligence is almost always abbreviated by the use of the word intel. It is the information gathering and to a lesser degree processing related to military intelligence.

      If one of their groups decided to write software using the "intel", I don't think that Intel would even stand up and take notice. Than again they are the US military and I don't think Intel would stand in their for a number of reasons.

      abbr. MI
      1. Information relating to the armed forces of a foreign country that is significant to the planning and conduct of another country's military doctrine, policy, and operations.
      2. An agency of the armed forces that procures, analyzes, and uses information of tactical and strategic military value.

    33. Re:About that name change... by bsharitt · · Score: 1

      Oh, and how do you "logon to the internet"?

      Definatly not by clicking on an 'e'. I think he was maaking the poit that most people don't know what a broswer is, or even remotly know how the internet works.

    34. Re:About that name change... by Drakonian · · Score: 1, Interesting
      Oh I see! So if you get a trademark first, and very few people have heard of your trademark, and then something else comes along LATER that infringes on your trademark, it's not reallllly trademark infringement? Kind of like the tree falling in the woods not really making a sound?

      A more specific example:
      So let's say I design a specialized embedded hardware product that very few people use/know about but it has a very cool name. Later, Microsoft hears about it and decides this name is cool too and releases a whole new software product line around it that makes billions. Since no one has heard of my trademarked hardware, and everyone has heard of Microsoft's software, they weren't really infringing on my IP?

      --
      Random is the New Order.
    35. Re:About that name change... by tez_h · · Score: 1
      Kragg mentioned that:
      I was wondering about this a few months back (because of yet anOTHer software package called Phoenix as it happens)... turns out there isn't one.

      The plural is phoenixes. Some dictionaries don't show plural forms if they are regular. Phoenices (which you might think is the plural, analogous to matrices) pertains to Phoenicians, not phoenixes.

      You are right though, about the singular nature of a Phoenix, which means it was not likely to be pluralised in ancient greek or latin.

      All this from Google, too.

      -Tez

      --
      Haskell, the static-typed, lazy, polymorphic, programming language.
    36. Re:About that name change... by Drakonian · · Score: 1

      Exactly. I don't really know what that guy/girl was talking about.

      --
      Random is the New Order.
    37. Re:About that name change... by Planesdragon · · Score: 2

      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.

      Not to you. Not to me.

      But to a common person on the street, it's easy to get "computer part named Phoenix" and "computer part named Phoenix" confused.

    38. Re:About that name change... by Moonshadow · · Score: 2

      Hell, I live in Phoenix, AZ. I'm going to complain, because people are always calling me up when they have computer problems, thinking I'm associated with Phoenix the BIOS manufacturer!

      *sigh*

      It's such a cool name, too. Heh.

    39. Re:About that name change... by saskboy · · Score: 1

      Somehow I doubt the Pheonix Project is what Pheonix BIOS's copyright is called.
      Just because they share the same informal name, does NOT mean the Pheonix Project is at fault. Pheonix BIOS obviously did this as a publicity stunt. I hadn't heard of Phoenix before this week, [saw it on /. 2 days ago], but I hope this legal battle brings it more fans.

      --
      Saskboy's blog is good. 9 out of 10 dentists agree.
    40. Re:About that name change... by jonadab · · Score: 2

      > I hadn't heard of Phoenix before this week

      You haven't been working with PCs long enough. In the early days
      of CMOS, when the idea of having a BIOS setup program that you could
      use to change settings was relatively new, Phoenix BIOS and AmiBIOS
      were the two major names. AmiBIOS was much nicer in a couple of
      fairly significant ways, and that's why you haven't heard anything
      about Phoenix BIOS recently.

      I'm amazed they still exist as a company; I thought they'd followed
      the footsteps of UNIVAC long ago. The big name in BIOSes now is
      Award, last I checked. I do think Ami is still around, though.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    41. Re:About that name change... by jonadab · · Score: 1

      Yes, but were they already doing that before the release of the first
      Phoenix builds? Ford Motor Company pre-existed Ford Tractor, but
      when they wanted to start making tractors, they had to call them
      something else other than Ford. (I think they may have acquired Ford
      Tractor at a later date, but that's immateriel.)

      --
      Cut that out, or I will ship you to Norilsk in a box.
    42. Re:About that name change... by jonadab · · Score: 1

      > BTW, aren't these the guys that bought Award out a little time ago?

      If so, you'd think they'd trade under the Award name, rather than
      the Phoenix name; Award has a very good reputation for producing
      quality BIOSes; Phoenix does not -- quite the contrary. Like when
      Symantec bought Norton: they call their product Norton Antivirus
      because that's the better-known and better-liked name. You never
      hear of Symantec Antivirus anymore (yes, that used to be the name
      of a product), though of course Symantec is the name of the company
      that makes the thing. If Phoenix were to buy Award (can you provide
      a link on that?), I'd expect them, if they have braincell one, to use
      the Award name for BIOSes.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    43. Re:About that name change... by saskboy · · Score: 1

      Actually I meant I hadn't heard of Phoenix Project browser before this week.
      I remember setting up computers with Phoenix BIOSes, when I was 15.

      --
      Saskboy's blog is good. 9 out of 10 dentists agree.
    44. Re:About that name change... by youngsd · · Score: 2

      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.

      I am an intellectual property attorney, and I've represented a lot of the big tech companies. And I... agree with you wholeheartedly.

      The mentality of corporate law departments, and even worse, their outside counsel, is often one that can only be described as bullying. Nevermind that the money spent pursuing this is of absolutely no benefit to the BIOS company or its shareholders. There are lawyers whose job it is to find and squash any potential trademark infringers. They're just happy to have "found" one in order to make their jobs look useful.

      I've seen a lot of "little guys" (including my next-door neighbor) get pushed around by big companies wielding overbroad theories of trademark infringement. It is a real problem.

      -Steve

      --
      Democracy is a poor substitute for liberty.
    45. Re:About that name change... by Ctrl-Z · · Score: 2


      IANAL.

      You are correct, there absolutely is nothing that says you can't trademark an English word. In fact, I'm not sure where you got the idea that I was implying that. However, there is a difference between Intel and Phoenix, and that is what I'm driving at.

      It's a lot easier argument to convince a jury that when you go out and make a new product or company called "Intel" that you are infringing on trademark. By virtue of being a made up word, Intel pretty much gets ownership of it, regardless of the industry/product (it also helps that Intel is huge). For Phoenix, it's not necessarily as clear. The reason is because Intel is not a "real word".

      Does that make my point any clearer?

      --
      www.timcoleman.com is a total waste of your time. Never go there.
  2. The letter X by Trusty+Penfold · · Score: 1


    They should drop that silly X suffix that everyone is using and revert to their original name - Phoeni.

    1. Re:The letter X by Anonymous Coward · · Score: 0

      Or they could use an s and change it to Phoenis.

    2. Re:The letter X by Lebannen · · Score: 5, Funny

      Oh ha ha, very phoeni.

      --
      Diplomacy is the art of saying "nice doggie" whilst looking for a rock
    3. Re:The letter X by tigertigr · · Score: 1

      lmao. How about Poenix or Poenis?

    4. Re:The letter X by Anonymous Coward · · Score: 0

      Could always call it Phoenik ala the lesser phoenix class in Shining Force 2 :)

  3. And there was me... by mustrum_ridcully · · Score: 1, Insightful

    And there was me thinking you couldn't trademark actual words. Ignorant or what.

    1. Re:And there was me... by twoshortplanks · · Score: 5, Informative
      Of course you can. You can't have a blanket trademark on a word in all areas, but you can certainly trademark a word or association in an area of buisness. Computing for example.

      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 for more info.

      --
      -- Sorry, I can't think of anything funny to say here.
    2. Re:And there was me... by spacefight · · Score: 1
      Q: I want to use $camel as a variable name in a Perl program. Do I need to acknowledge the trademark?

      A: No.
      ROFL.
    3. Re:And there was me... by anno1a · · Score: 1

      BIOS "computing" and browser "computing" doesn't have too much in common... I think mozilla would win, would it go to trial, but that's probably not something they'd like to do...

      --
      ------- I fumbled my registration and I now must suffer
    4. Re:And there was me... by twoshortplanks · · Score: 2
      Ah now that, that, is up to a judge, and who knows what a judge might decide (well, lawyers, and I'm not one, but I digress.) I agree that all involved would probably rather not get to that point.

      Anyway, a Rose by any other name still renders pages as quick...

      --
      -- Sorry, I can't think of anything funny to say here.
    5. Re:And there was me... by yatest5 · · Score: 1, Funny
      And there was me thinking you couldn't trademark actual words. Ignorant or what.


      Only on Slashdot can a post demonstrating someone's own ignorance be marked 'insightful'!

      --
      • Mod parent up! [a] by Anonymous Coward (Score:5) Thurs, June 31, @13:37
    6. Re:And there was me... by anno1a · · Score: 1

      True, but based on the Lindows vs. Micosoft case I'd say the mozilla crew stood pretty strong (actually my guess would be stronger, but IANAL either..)

      --
      ------- I fumbled my registration and I now must suffer
    7. Re:And there was me... by fault0 · · Score: 2

      Ah, but get your facts straight. Phoenix (the company) isn't just in the buisness of BIOS's. They've also made a browser for a number of years.

      In the case of a trial, I'm pretty sure that Phoenix Technologies would win quite easily.

    8. Re:And there was me... by rweir · · Score: 2

      But in this case the rule is stupid. No one is going to confuse Phoenix the BIOS and Phoenix the Web Browser. Hell, 99% of the people on this planet have never, ever heard of a BIOS.

      Phoenix is bitching because they can, not because they have a good reason.

  4. But... by InsaneCreator · · Score: 5, Insightful

    I'm sure the browser has many more users than BIOS, since I've NEVER seen a computer with Phoenix bios.

    1. Re:But... by nuggetman · · Score: 1

      I have. But years and years ago... like 1995, 96 or so

      --
      ...and that's all there is to it.
    2. Re:But... by Arimus · · Score: 1

      Hm, the dell optiplex sitting next to me has a Phoenix BIOS, my old 486 had a Phoenix bios.

      --
      --- Users are like bacteria -> Each one causing a thousand tiny crises until the host finally gives up and dies.
    3. Re:But... by Anonymous Coward · · Score: 0

      The Phoenix BIOS is rarely used on desktop mainboards. You're more likely to encounter this product on notebook computers.

    4. Re:But... by stevenbdjr · · Score: 3, Informative

      Phoenix BIOS's are mostly used by large OEMs, such as Dell, HP, Gateway, and others. They also purchased Award several years ago, so that covers a large number of makers in the motherboard business. Plus, Intel has always used Pheonix for their motherboard BIOS.

    5. Re:But... by Ronin+Developer · · Score: 2

      VMWare creates VM's with BIOS' based on Phoenix, I do believe.

      RD

    6. Re:But... by NeonSpirit · · Score: 1

      VMware does indeed use a Pheonix BIOS derivative.. I also have an ancient Micron laptop which uses PheonixBIOS which at the time had a very advanced save-to-disk funcytion for suspending and resuming the Windows OS.
      Spirit

      --
      I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered.....my life is my own.
  5. What's the relation by i_luv_linux · · Score: 2, Interesting
    What's the relation between this browser and the products of that company? How can they force the name change?

    Does this mean that I can never use "Apple" as a name for my program?

    1. Re:What's the relation by jez9999 · · Score: 4, Interesting

      I sincerely doubt you'd get away with naming a program that got relatively popular 'Apple' without legal proceedings being brought against you, no.

      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.

    2. Re:What's the relation by cenonce · · 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.

    3. Re:What's the relation by Jugalator · · Score: 5, Informative

      What's the relation between this browser and the products of that company? How can they force the name change?

      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. :-P

      --
      Beware: In C++, your friends can see your privates!
    4. Re:What's the relation by Anonymous Coward · · Score: 0

      well that's that then. and to think i was getting incredulous for a minute there.

    5. Re:What's the relation by Anonymous Coward · · Score: 0

      >What's the relation between this browser and the products of that company?

      That's easy.

      Phoenix BIOS sucks. Insert rest of statement here.

    6. Re:What's the relation by Moridineas · · Score: 2

      So you're saying windows, apple, the beatles, the rolling stones, dell, gateway, the game monopoly, the game sorry, general electric, general motors, duke university, duke power, and a billion other examples I could think of shouldn't be trademarkable? Should everything really have to have a made up name to get a trademark now that you actually think about it?

    7. Re:What's the relation by jez9999 · · Score: 2

      'Windows', 'Apple', 'Gateway', 'Monopoly' and 'Sorry' should not be trademarkable. I really don't think those companies couldn't have slightly changed the words or added other words to them to make the much more unique.

      As for The Beatles, 'beatle' isn't actually a word, I believe 'beetle' is the correct spelling; it's an example of a group of artists slightly changing a word to make it unique to them, which is what I'd like to see companies having to do.

      'The Rolling Stones' is unique enough because it's an uncommon phrase. Ditto for 'Duke Power'.

      I seriously doubt 'Duke University' have trademarked their name.

      'General Electric' and 'General Motors' shouldn't be trademarkable, as they're far too generic and made up of English nouns.

      You see, nearly everything falls into a category of whether or not it should be allowed to be trademarked. You shouldn't take such a blaze attitude, and just let anyone trademark anything, as you get these stupid lawsuits arising.

      The only one of those examples which is a grey area is 'Dell' as, whilst it is an English noun, it's also a Surname. All surnames which are nouns are a difficult area; I guess you'd have to eventually say no to that also, otherwise anyone could change their surname to a noun and trademark it.

    8. Re:What's the relation by Anonymous Coward · · Score: 0

      Uhm, my Phoenix Award Modular Bios rocks :p

    9. Re:What's the relation by Moridineas · · Score: 2

      So as an exception, if a word is both real (ie dictionary) BUT also in an "unusual phrase" it's ok?

      What about if I called my company Mikrosoft? That's spelled the same as an existing company, but since I spelled it different it's creative and ok? Or what about if I called my band Roaling Stoans? That's both an usual phrase, AND spelled 'creatively' ?

      And I would bet duke HAS trademarked all their names. Duke like most unviersities is money grubbing and control freakish :) not to mention they have one of the world's best hospitals..Duke University Hospital...wouldn't do for THAT name to be diluted.

      But I guess it comes down fundamentally to our differing views of what trademarks shoud be. I have absolutely no problem with Microsoft being able to have a trademarked software product called windows. It's not as if you or I can't say Windows, or a window seller would be forced out of business--no court ANYWHERE (in the US at least) would support that. Likewise I have no problems with the names Gateway, etc.

      Companies have historically had names made up of real words and people's names, in some combinations, as well as made up names. I don't see why you want to discriminate against the first two categories. Should East India Company not be allowed? Those are all words, and I'm sure there are LOTS of companies in East India. In any case, if you're in America, have a good thanksgiving.

  6. I've got it by Morky · · Score: 5, Funny

    How about "Internet Browsing Masterpiece"? Call it IBM for short.

    1. Re:I've got it by chabotc · · Score: 3, Funny

      Wait wait.. even better "Mini-Moz" ! .. Moz-me? Aww well, knew i shouldn't have watched austin poweres last night ;-)

    2. Re:I've got it by Anonymous Coward · · Score: 0

      That's right: you've even got a turle poking out, man!

  7. Can you legally own an english word? by Anonymous Coward · · Score: 0

    Haven't we seen this before! (Windows!)

  8. It's a tricky one... by dr.robotnik · · Score: 5, Funny

    ... as the only thing that can rise out of the ashes of a phoenix is another phoenix!

    AnotherPhoenix(tm) just doesn't have quite the same ring however...

    1. Re:It's a tricky one... by SN74S181 · · Score: 1

      YAP (Yet Another Phoenix) also lacks the form and finish they are probably looking for. But it certainly follows a certain naming tradition.

    2. Re:It's a tricky one... by ciupman · · Score: 0

      Yap already exists (Yet Another Prolog) ... is one of the best free prolog systems around ;) made in Portugal!!

      --
      I fuse with Mercer every single day...
    3. Re:It's a tricky one... by ejaw5 · · Score: 2

      what about BAPH (born again Pheonix)

      --

      $cat /dev/random > Sig
    4. Re:It's a tricky one... by Wolfrider · · Score: 1

      --How about DCUP - Don't Call Us Phoenix? [ShiznitEatingGrin]

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    5. Re:It's a tricky one... by wheany · · Score: 1
      How about other mythical beasts?
      • gryphon
      • dragon
      • unicorn
      • pegasus
      • chimera
      • sphinx

      They are probably all taken, though. All the cool names that mean something are...
    6. Re:It's a tricky one... by Anonymous Coward · · Score: 0

      or Peking Duck if it stays in the fire a bit too long..

    7. Re:It's a tricky one... by Provocateur · · Score: 1

      Forget about Phoenix.

      Call it RODAN

      And the next browser wars? Mozilla vs. Rodan! Destroy All Monsters! Tokyo is in Peril!

      ...got carried away there

      --
      WARNING: Smartphones have side effects--most of them undocumented.
    8. Re:It's a tricky one... by andy@petdance.com · · Score: 2
    9. Re:It's a tricky one... by Lemmy+Caution · · Score: 1

      Mozra.

  9. Mozuki by turgid · · Score: 5, Funny

    It has to be Mozuki. Mozilla, Mozilla....and Mozuki.

    1. Re:Mozuki by Bobzibub · · Score: 3, Funny

      They could call it "San Jose" or just "Jose".
      Phoenix (the BIOS company) happens to be based in San Jose, CA.
      -b

    2. Re:Mozuki by mccalli · · Score: 2, Funny
      They could call it "San Jose" or just "Jose".

      No way, Jose...

      Cheers,
      Ian

    3. Re:Mozuki by Zzootnik · · Score: 1

      Maybe Just MO?

      I mean, phoenix is basically the 'root' part of Mozilla, right? Heck, maybe even just 'M' or even 'Mmmmmmm'.

      Besides, Mozuki sounds like Godzilla's kid lizard from the cartoon..."GodZIlla! GodZIlla! GodZIlla! and Gad ZOOOOOOOO Keeeeeee...." Fun cartoon, but probably lost on most...

      --
      Sig currently under construction. Mind the gap....
    4. Re:Mozuki by DarkZero · · Score: 2

      Personally, I'd name it "Mecha Mozilla".

    5. Re:Mozuki by WhiteKnight07 · · Score: 1

      Rent-a-Zilla! Rent-a-Zilla!!!

      --


      We're going to make information free Mr. Anderson, whether you like it, or not.
    6. Re:Mozuki by Anonymous Coward · · Score: 0

      Hm, I think Mozuki's already taken.

      1019 0.0% Mozuki

    7. Re:Mozuki by Anonymous Coward · · Score: 0

      it was lost on you, and you got the reference.

    8. Re:Mozuki by Badanov · · Score: 1

      How's about add a touch of class and call it Scottsdale, or maybe Tempe

      --
      Dawn of the Dead
    9. Re:Mozuki by Anonymous Coward · · Score: 0

      Or take the parts that were left over when Mothra and Godzilla were combined for Mozilla: Gothra.

  10. the real reason Phoenix BIOS is pissed... by CrudPuppy · · Score: 5, Funny

    people are accidentally wandering onto their website, and they're afraid people might actually recognize their name again *grin*

    --
    A year spent in artificial intelligence is enough to make one believe in God.
  11. Hmmm..... by Anonymous Coward · · Score: 5, Funny

    Maybe Arizona should sue Phoenix Technologies for using the Phoenix name. Of course then we'll have the Greeks suing Arizona for stealing the name and then maybe Egypt will sue Greece, Arizona, and Phoenix Technologies in an effort to claim what is rightfully theirs.

    We can only hope an actual Phoenix doesn't show up to claim what belongs to him/her/it.

    1. Re:Hmmm..... by aardvarkjoe · · Score: 2

      As an Arizonan, the Greeks are perfectly welcome to take Phoenix. We don't want it.

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
  12. Name suggestions by Jon+Abbott · · Score: 5, Funny

    How about "Award"? Hmm, maybe not... "AMI"! Nah, that won't work either...

  13. Cast your votes by BoBaBrain · · Score: 5, Funny

    Next week version 0.5 will be released, with a new name

    Like "Version 0.6"?

    Personally I would go for "Feenicks"

    --
    I am a Karma Library.
    1. Re:Cast your votes by Asprin · · Score: 2

      Freenix?

      --
      "Lawyers are for sucks."
      - Doug McKenzie
    2. Re:Cast your votes by Anonymous Coward · · Score: 0

      Or Finux pronounced Finnish style?

    3. Re:Cast your votes by SnowZero · · Score: 1

      Perhaps they could call it "Phoenix, AZ". Not a catchy name perhaps, but a way to escape a silly lawsuit or settlement. Phoenix Technologies isn't even from Arizona anyway. I guess they might have to clear it with the city, but perhaps it could become Phoenix's official web browser :)

      The next time I need to start a company I'll make sure to trademark "New York", "Seattle", or "Los Angeles" as part of the name. While we're at it, I guess its time for Mosaic Technologies, Operan Technologies, and Conquerer to settle accounts. I mean, look at all the confusion those naming conflicts have created!

    4. Re:Cast your votes by Big+Jason · · Score: 1

      Feenicks is also Star Wars planet.

    5. Re:Cast your votes by BoBaBrain · · Score: 2

      Dang, I didn't know that. What are the Feenicksian lawyers lake? Could we take them?

      --
      I am a Karma Library.
    6. Re:Cast your votes by nizo · · Score: 3, Interesting
      Personally I would go for "Feenicks"


      Or how about "Freenix" (Phreenix or Phreonix)? :-)

  14. New name by Anonymous Coward · · Score: 0

    How about Fawkes?

    1. Re:New name by ickyfreak · · Score: 0

      i didnt know phoenix bios checked file systems

      --

      ---------------
      100% Australian

  15. I wonder what Homer would say to this by Anonymous Coward · · Score: 0

    He has lived 3000 years ago and already used the word Phoenix :-)

    1. Re:I wonder what Homer would say to this by jez9999 · · Score: 1

      Homer would say:

      Phoenix Technologies threatend to sue Mozilla-based web browser over trademark infringement. Mmmmm, Phoenix.

  16. Name suggestion by ascii · · Score: 5, Funny

    How about "The browser formerly known as Phoenix"?

    --
    naah sig schmig
    1. Re:Name suggestion by twoshortplanks · · Score: 2
      Nah. Still trademarked. Maybe we should use a silly squiggle. There's probably enough of 'em in unicode.

      It's been one week since you looked at trademarking
      Threw your arms in the air and said 'It's crazy'

      --
      -- Sorry, I can't think of anything funny to say here.
  17. I know: by Anonymous Coward · · Score: 0

    Redmond!

  18. not a big deal I think by RestiffBard · · Score: 2

    before we get into flaming phoenix (bios) let's just say phoenix (the browser) is pre-1.0 and so is the name.

    --
    - /* dead coders leave no comments */
  19. Mothra by N8F8 · · Score: 2

    How about Mothra? Since they kinda compete.

    --
    "God fights on the side with the best artillery." - Napoleon, Marshal of France - speaking truth to power
    1. Re:Mothra by G-funk · · Score: 2

      Nah, Biolante! That was the best gojira movie!

      --
      Send lawyers, guns, and money!
    2. Re:Mothra by Anonymous Coward · · Score: 0

      Or Garuda?

    3. Re:Mothra by BoojiBoy0 · · Score: 1

      Gamera!

      --
      I know the secrets of the video game champs
    4. Re:Mothra by KH · · Score: 1

      Radon is more appropriate. It lives in a volcano.

  20. Trademark Infringement by Ctrl-Z · · 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.

    --
    www.timcoleman.com is a total waste of your time. Never go there.
    1. Re:Trademark Infringement by cenonce · · Score: 1

      unfortunately for Mozilla, there doesn't have to be "actual confusion" (i.e. infringement), just a likelihood of confusion.

    2. Re:Trademark Infringement by larien · · Score: 2
      My thoughts exactly, as a BIOS manufacturer isn't in the same arena as a browser.

      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.

    3. Re:Trademark Infringement by Anonymous Coward · · Score: 0

      and there is no likelihood of confusion. so no problem.

    4. Re:Trademark Infringement by sracer9 · · Score: 1

      I'm sure that it'd be easy to prove a trademark infringment. I can't be the only one holding down the delete key to get into setup when the program launched....

      --

      No thanks. I don't smoke anymore.
    5. Re:Trademark Infringement by pommiekiwifruit · · Score: 1
      ..Phoenix (browser) wouldn't be..

      Which phoenix (browser)? The open-source one or the embedded one made by the well-known company? Or do you think they only make one product at that company?

    6. Re:Trademark Infringement by fault0 · · Score: 2

      Phoenix (the company) also makes a browser called Phoenix LiveView/Connect. There is plenty of similiarty there. If they don't defend the trademark, then they lose it and a rival BIOS company can start making "Phoenix" BIOSs.

      Welcome to trademark law.

    7. Re:Trademark Infringement by Daniel+Phillips · · Score: 2

      Phoenix (the company) also makes a browser called Phoenix LiveView/Connect. There is plenty of similiarty there.

      No there isn't. It's called "LiveView/Connect", not "Phoenix".

      --
      Have you got your LWN subscription yet?
    8. Re:Trademark Infringement by fault0 · · Score: 2

      The company owns the Phoenix trademark, and there is a similarity between the products. This would be held up by any US court.

  21. In the script... by goon+america · · Score: 5, Funny
    [Mozilla looks at Phoenix]

    Mozilla: I shall call him Mini-me!

    1. Re:In the script... by Phroggy · · Score: 5, Funny

      Mozilla: I shall call him Mini-me! :-)

      MiniMoz?

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    2. Re:In the script... by goon+america · · Score: 2
      What about Mozilla Lite? The same great features as Mozilla, but with 50% less calories! It's a browser you can feel great about!

      Marketing is exactly what Open-Source projects are worst at.

    3. Re:In the script... by Anonymous Coward · · Score: 0

      But Godzilla's little brother is called Godzuki. Therefore, it's a no-brainer. It should be Mozuki.

    4. Re:In the script... by yerricde · · Score: 1

      What about Mozilla Lite?

      No. Read the release notes to see why not.

      --
      Will I retire or break 10K?
    5. Re:In the script... by Anonymous Coward · · Score: 0

      http://mozilla.org/projects/phoenix/phoenix-releas e-notes.html
      Scroll down to FAQ question 15: "Why didn't you call it, say, Mozilla Lite?"

      Oh, where to begin. First of all, it's not "lite." Not only does Phoenix aim to match the featureset of Mozilla -- subtracting features deemed geeky and better offered as add-ons -- but it extends it. For example, it adds customizable toolbars and quicksearch in bookmarks and history. It offers an add-on manager, a better wallet, and a new downloads sidebar pane.

      Second, it's not Mozilla. It's backed by mozilla.org, sure, but with each milestone you'll see it further diverge from Mozilla.

      Third, "Mozilla" is not the name of an application; it is the name of a monolithic suite containing a browser, a mail client, an irc client, and an indoor skating rink (we hear that's coming, anyways.) Even if we did decide to call this browser Mozilla, we'd still have to call the standalone mail client (see below) something else. We also believe Mozilla, in general, is going in the wrong direction in terms of bloat and UI, and see no reason for our releases to carry those connotations.

    6. Re:In the script... by Anonymous Coward · · Score: 0
      Third, "Mozilla" is not the name of an application; it is the name of a monolithic suite containing [...] an indoor skating rink (we hear that's coming, anyways.)
      Mod link up: +1 funny!
    7. Re:In the script... by Any+Web+Loco · · Score: 1

      Mozling? Mozlette? MozLite?

  22. From the dupes dept. by popeyethesailor · · Score: 3, Informative

    and yes, it is a dupe.

  23. Yeah well...in this case, I think it's reasonable by Idaho · · Score: 2

    I mean...both have to do with computers, Phoenix (the BIOS manufacturer) has been around for a long time, and I can see that they don't really like their name being used for something entirely different - which might confused people who don't know much about computers - like 'hey my computer also says Phoenix when it boots up, so it must be this same company'.

    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.

    --
    Every expression is true, for a given value of 'true'
  24. sucks by sin(theta) · · Score: 1

    It's a shame that Phoenix Technologies invented the word first.

    Can they sue the ancient Greeks for trademark infringement? I'll bet there's big money in that.

    1. Re:sucks by fault0 · · Score: 2

      Trademark law doesn't always depend on who invented the word first. It's mostly about who uses it in a particular field first. Broadly computers, and specifically, browsers. Here is Phoenix's browser, and Mozilla/AOL/TimeWarner's browser.

      Seems that a potential Phoenix customer could get confused.

  25. New name by Massacrifice · · Score: 0, Redundant

    Here is a a browser that doesnt lack merit, so maybe we could change its name to the Award Browser?

    --
    -- Home is where you eat your heart out.
  26. Trademark Infringement? by VTg33k · · Score: 1

    Isn't there a limit to what you can claim as infringement? If they were making their own BIOS chips and calling them "Phoenix", I could understand. But AFAIK, Phoenix Technologies doesn't make web browsers. If I made a soft drink called "Phoenix", I somehow don't think it would bother them as much...

    You can only trademark English words to a certain extent... otherwise people could trademark the word "computer" and start collecting on every use.

    1. Re:Trademark Infringement? by Jugalator · · Score: 2

      Isn't there a limit to what you can claim as infringement? If they were making their own BIOS chips and calling them "Phoenix", I could understand. But AFAIK, Phoenix Technologies doesn't make web browsers.

      Yes, they do.

      --
      Beware: In C++, your friends can see your privates!
  27. Change it's name to Prince... by craenor · · Score: 1

    But just call it the Browser formerly known as Phoenix.

  28. Copyright infringment ? by mirko · · Score: 1

    How the hell ?
    Phoenix is not a BIOS but a damn sexy browser, do Phoenix X plan to sell a BIOS-based web browser ?

    --
    Trolling using another account since 2005.
    1. Re:Copyright infringment ? by fault0 · · Score: 2

      Yes, in fact, Phoenix has sold that for a number of years.

    2. Re:Copyright infringment ? by mirko · · Score: 1

      OK, so they *must* change.
      I suggest PhoeGNyX (in German, the "y" is a French"u").

      --
      Trolling using another account since 2005.
  29. In memory of the Apple project called Carl Sagan by rimcrazy · · Score: 2, Funny

    Let's call it BHBCWB - Butthead Bios Company Web Browser....

    --
    "TV, a medium as it is neither rare nor well done." Ernie Kovacs
  30. Re:Yeah well...in this case, I think it's reasonab by Anonymous Coward · · Score: 0

    Phoenix is a general word, the first occurences could be found in Egyptian writings and the works of Homer which date back around 1000 BC, I wonder how stupid the person was who granted this word as a trademark. He obviously didnt have school degree worth the paper it was written on.

  31. Award BIOS by yerricde · · Score: 5, Informative

    I've NEVER seen a computer with Phoenix bios.

    Heard of the "Award Modular BIOS"? That's a Phoenix BIOS as well.

    --
    Will I retire or break 10K?
    1. Re:Award BIOS by Reziac · · Score: 5, Insightful

      Well, it is now. But until a couple years ago, Award was a separate company.

      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.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    2. Re:Award BIOS by fault0 · · Score: 2

      > Well, it is now. But until a couple years ago, Award was a separate company.

      Well, technically, Award and Phoenix merged way back in 1998, not a "couple" of years ago (2000).

      > Yet another reason to avoid OEM machines. Phoenix BIOSs have always been two generations behind, feature-poor, and buggy as hell.

      I'd have to agree with you historically there, but recent Phoenix BIOSs have been rebanded Award BIOSs with more customizable options (which are typically shipped with resource kits to the OEMs).

    3. Re:Award BIOS by mkweise · · Score: 1

      Right, but unless I'm mistaken they haven't sold a BIOS under the Phoenix name since about 1996. IANAL, but I do know that there is a use-it-or-lose-it rule in trademark law.

      And of course, BIOSs and browsers are such completely different products that only a judge who's totally unfamiliar with the industry would even allow an infringement claim. It would be like Acme Spark Plugs vs. Acme Baby Seats - just because both are car related products doesn't mean the trademark claims overlap. There has to be a real danger of confusion ("trademark dilution") in order for a claim to be recognized as valid.

      --
      Gentlemen! You can't fight in here, this is the War Room!
    4. Re:Award BIOS by Reziac · · Score: 2

      1998 is not that much longer ago :)

      I'd hoped Phoenix BIOSs wouldn't suck so much once they had Award's material to work with, tho so far it looks like they've merely become static at the point where Award was when they got eaten. On the downside, there are now more BIOSs for which updates are not free (Phoenix's partner will be glad to sell you a new one for $70, tho).

      I've had the displeasure of fighting with Phoenix BIOSs way back to the days of the 286, and have yet to see any reason to prefer 'em.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    5. Re:Award BIOS by sean23007 · · Score: 2

      So that's why the guys at the top of the web browser are so excited to change the name! They obviously don't want people mistaking the browser for the BIOS, lest they think it is two generations behind, feature-poor, and buggy as hell...

      --

      Lack of eloquence does not denote lack of intelligence, though they often coincide.
    6. Re:Award BIOS by Reziac · · Score: 2

      LOL! Yeah, that would be mondo embarrassing!!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  32. Which mythological creatures are left by thatguywhoiam · · Score: 5, Insightful

    Minotaur
    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

    --
    If Jesus wants me it knows where to find me.
    1. Re:Which mythological creatures are left by Jugalator · · Score: 5, Funny

      I know another mythological creature...

      Gazebo! :-)

      --
      Beware: In C++, your friends can see your privates!
    2. Re:Which mythological creatures are left by m4ik · · Score: 1

      Cthulhu would be great :)

      ... kindof justifies long (=eternal) development time
      but why did you put an apostrophe in there?

      --
      Quod in aeternum cubet mortuum non est,
      Et saeculis miris actis etiam Mors perierit
    3. Re:Which mythological creatures are left by Natal+VC · · Score: 1


      > C'thulu

      Better watch it - Metallica's got a song called "Call of C'thulu". Phoenix Technologies' they can handle, but Lars's wrath..? :-o

    4. Re:Which mythological creatures are left by jedie · · Score: 1
      the Mozilla/minotaur project already exsists :)



      it's a mail client

      --
      "The majority is always sane, Louis." -- Nessus
      http://slashdot.jp
    5. Re:Which mythological creatures are left by Anonymous Coward · · Score: 0

      You have been killed by a Quagga.

    6. Re:Which mythological creatures are left by otis+wildflower · · Score: 1

      Female 'Monty Python fan' 1.0

    7. Re:Which mythological creatures are left by Kidbro · · Score: 2

      Some of those would qualify as mythological creature iff (if and only if) you base your view of mythology on the contents of bestiaries of various role playing games, rather than the other way around...

      Rust Monster? Gelatinous Cube?
      C'mon...

    8. Re:Which mythological creatures are left by Anonymous Coward · · Score: 0

      Several of those have already been genocided, so I can't say they're left.

    9. Re:Which mythological creatures are left by Azghoul · · Score: 1

      It was funny. Ha ha. I'm surprised you didn't see it.

      They should call it Adult Red Dragon. Why not, pick a suitably fun creature from an old Monster Manual and have fun.

    10. Re:Which mythological creatures are left by Anonymous Coward · · Score: 0

      The Metallica song is actually called The Call Of Ktulu, because they didn't get rights to the Cthulhu name ;-)

    11. Re:Which mythological creatures are left by Anonymous Coward · · Score: 0

      You're forgetting the brutal Type-V's....

    12. Re:Which mythological creatures are left by KH · · Score: 1

      The Chinese have their equivalent of phoenix. It is pronounced hou-ou in Japanese, but I'm sure the Chinese pronounce it differently.

      How about Thunderbird?

    13. Re:Which mythological creatures are left by WWWWolf · · Score: 1
      Better watch it - Metallica's got a song called "Call of C'thulu". Phoenix Technologies' they can handle, but Lars's wrath..? :-o

      Actually, the Metallica song was "Call of Ktulu", (okay, same thing, anyway) and secondly, the Cthulhu mythos was one of the most "open" of the fictional mythoses and definitely not a H.P. Lovecraft's private private playground. If Metallica can make an instrumental piece on Cthulhu mythos, surely Mozilla folks can call their lite browser Cthulhu. (I just think it'd be too big name for a small browser. =)

    14. Re:Which mythological creatures are left by gbitten · · Score: 1

      And...

      George Bush

  33. FFS by G-funk · · Score: 5, Informative

    Hate to tell you this, but trademarks are allowed to be _real words_, y'know. Just because stones have rolled for millennia doesn't mean you can expect to call the browser Rolling Stone.

    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.

    --
    Send lawyers, guns, and money!
    1. Re:FFS by fname · · Score: 1

      Could a start a band called The Rolling Stones? Could Mick Jagger?

    2. Re:FFS by Anonymous Coward · · Score: 0

      You also can't sell a shitty magazine under the name Rolling Stone.

      A good magazine, well that's debatable....

    3. Re:FFS by stud9920 · · Score: 3, Funny
      like the-browser-formally-known-as-phoenix,
      You found it ! TBFKAP, or for readability's sake TEFKAP, The Explorer Formerly Known As Phoenix.
    4. Re:FFS by Anonymous Coward · · Score: 0

      It's not a given that "computer software" is narrow enough in scope either. Are there two software extremes further apart than an embedded bios and a multi-platform browser? Would a chip manufacturer or someone interested in browsing the web be confused between the two? I think not. This is more likely another case of lawyers justifying their retainers.

    5. Re:FFS by slakdrgn · · Score: 1

      I bet tho, they will try to sue the maker since their browser would undoubtedly surf music sites.

    6. Re:FFS by silas_moeckel · · Score: 1

      More importantly thy have a "web" bios back from the day that made marketing hype so it's easy enough to see the confusion in the marketplace (like people realy care about there bios anymore?)

      --
      No sir I dont like it.
    7. Re:FFS by HungWeiLo · · Score: 1

      Oh yeah? Try opening up a strip club called Microsoft Gentlemen's Club, and see how far that gets you...

      --
      There are a huge number of yeast infections in this county. Probably because we're downriver from the bread factory.
    8. Re:FFS by c13v3rm0nk3y · · Score: 2
      Could a start a band called The Rolling Stones? Could Mick Jagger?

      (I'll read this as "Could I start a band...")

      Yes. No. Maybe. Popular music history is full of legal cases where present-or-former members of bands insist on using a currently used name. Sometimes there is a lot or recrimination, and sometimes not.

      Names that spring to mind are Pink Floyd, Iron Butterfly, Steppenwolf, The Charlatans [UK], Black Flag. In many cases the use of the name was tied up with the back catalogue, and required several years of litigation and an army of judges to sort it all out.

      Boy, am I dating myself. I'll go back into my time machine now.

      --
      -- clvrmnky
    9. Re:FFS by fault0 · · Score: 2

      Phoenix has sold that for a number of years.

    10. Re:FFS by jpkunst · · Score: 1
      You cannot however, start a band called rolling stone, or sell music under a label called rolling stone.

      Maybe Muddy Waters should have sued the Rolling Stones.

    11. Re:FFS by G-funk · · Score: 2

      You missed the best example - prince. The reason he became a symbol for a few years was because sony (iirc) owned the name prince, and he couldn't use it. Eventually his original contract expired and he got his name back.

      --
      Send lawyers, guns, and money!
    12. Re:FFS by Anonymous Coward · · Score: 0

      It'll only fail basically you're the only one with a microsoft penis.

    13. Re:FFS by fname · · Score: 1

      OK, I was thinking more like this: There is a magazine called Rolling Stone, there is a band called The Rollings Stone. Bob Dylan wrote & performed a classic song called, "Like a Rolling Stone."

      Would this situation today just makes lawyers start to foam at the mouth?

  34. Before we all start siding with the underdog... by gwappo · · Score: 5, Insightful
    ... might I remark that Phoenix in my ever so humble opinion is fully in it's right?

    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.

    1. Re:Before we all start siding with the underdog... by Anonymous Coward · · Score: 0

      And I lived in Phoenix... ARIZONA. That's right, the city has been calling itself Phoenix for longer than computer have been around. This is Phoenix Web Browser, that is Phoenix BIOS. I really don't see the confusion. The people that have heard of either likely know the the difference.

    2. Re:Before we all start siding with the underdog... by swordgeek · · Score: 2

      Agreed. Not only are both of these companies involved in the personal computer industry, but be it burned onto a chip or downloaded from the web, they both write software.

      Given that they're close enough to consider trademark infringement, the biggest fear from Phoenix is this: People will download the Phoenix browser, and assume that the Phoenix bios company has branched out. The products are not the same, and no one would mistake that. However, it's conceivable that the names could lead to incorrect conclusions about the affiliation.

      Honestly, it's good for both groups. This sort of thing happens all the time.

      And as for Windows XP vs. Athlon XP, I think there might be a case (tough to bring forth, but not impossible I'd wager) IF both companies weren't entirely happy with increased sales from the other's name.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    3. Re:Before we all start siding with the underdog... by crawling_chaos · · Score: 2

      Might I remark that the BIOS manufacturer also has no right to the name, since a very successful city in the Southwest has been building their brand for even longer? I'm sure the city uses electronics, and probably even has a web page. Why should I get a boring BIOS manufacturer when I'm trying to plan a vacation? Where does this stop? Personally, I'd think about naming it Cardinal, since it's being forced to move from Phoenix. The only problem is, it doesn't suck.

      --
      You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
      -- Colonel Adolphus Busch
    4. Re:Before we all start siding with the underdog... by Stephen · · Score: 2
      Everyone I know has at least heard of Phoenix bios
      What a strange group of friends you must have!
      --
      11.00100100001111110110101010001000100001011010001 1000010001101001100010011
  35. Navigator by Mattygfunk1 · · Score: 2
    Yep dupe. Last time it was only in the developers section though.

    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

    1. Re:Navigator by Anonymous Coward · · Score: 0

      Well, my ISP might object to that name.

    2. Re:Navigator by jokell82 · · Score: 1

      There's already a browser out there called Navigator (no, not Netscape), and it's based on Mozilla too. It's for Mac OS X, and it was formerly known as Chimera. It too had to change it's name, because another company had already called their product Chimera.

      No one cares, though, and still calls it Chimera.

      --
      I dunno who it is
      but it prolly is fhqwhgads.
  36. Other bird names ... by spannah · · Score: 1

    Such as Parrot, turkey and chicken ... yeah.

  37. How about... by Anonymous Coward · · Score: 0

    Phi-nix (where phi is the greek letter).

  38. a name to help it catch on by mattkime · · Score: 5, Funny

    I think it should be called...

    Microsoft Internet Explorer 7

    then people will not only understand what it is, but they will go ahead and download it.

    --
    Know what I like about atheists? I've yet to meet one that believes God is on their side.
    1. Re:a name to help it catch on by halftrack · · Score: 1

      Microshaft Internet Exploder

      *duck*

      --
      Look a monkey!
    2. Re:a name to help it catch on by bmwm3nut · · Score: 5, Funny

      or they could just call it "the internet" that way when people ask "can you put the internet on my computer" you can show them that it indeed does.

    3. Re:a name to help it catch on by Znonymous+Coward · · Score: 1

      Mod the above up!

      --

      Karma: The shiznight, mostly because I am the Drizzle.

    4. Re:a name to help it catch on by Anonymous Coward · · Score: 0

      phoenix should be named "Internet Browser"

  39. Oh by Juln · · Score: 1

    Well, I don't care what the name is. I like Phoenix.
    I recently installed Windows on my spare laptop for some sega emulation. I needed a browser with tabs - I use Galeon on Linux usually - and Phoenix is great!!

    --
    Juln
  40. Phoenix by Anonymous Coward · · Score: 0

    Am I the only one who has visions of a Phoenix Bios rising from the ashes of a fried motherboard?

  41. Not a dupe but a follow-up by yerricde · · 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 before you decide on a name for your software package.

    --
    Will I retire or break 10K?
    1. Re:Not a dupe but a follow-up by Anonymous Coward · · Score: 0

      Nah, this was a dupe. Otherwise why didn't the eds cite their first story?

  42. Re:Yeah well...in this case, I think it's reasonab by mobets · · Score: 1

    The fact that they are different products is the reason why it is not trademark infrengment. Yes, they are both related to computers, but they do two entirely different things.

    --

    It was me, I did it, I moved your cheese
  43. So, let's pick a name outside the industry by lww · · Score: 2, Funny

    like...RIAA - Refactored Internet Access Application.

    Yup, no grounds for anyone not in the software business to complain about that name ;)

  44. Aww hell.. by Freston+Youseff · · Score: 1

    Why not just re-name it to GNU/Phoenix. ;)

    --

  45. Other Arizona city name sugggestions... by Anonymous Coward · · Score: 0

    Tucson
    Mesa
    Scottsdale
    Tempe
    Glendale
    Chandle r
    Gilbert
    Prescott
    Flagstaff
    Yuma
    Gila Bend
    Lake Havasu
    Parker
    Window Rock

    See, still plenty to choose from

  46. MiniMoz? Hilarious! by LittleBigLui · · Score: 2, Funny

    C'mon that would be like calling some software "Microsoft Works".

    --
    Free as in mason.
  47. We *really* ignite our technology! by eonblueye · · Score: 1

    would never in my right mind think that Phoenix web browser was out trying to compete with Phoenix Technologies. The business world is just really brutal and damaging to the technology world. But any how they do such a damn fine job with their web browser, maybe now they can look into venturing into developing a PC Bios (Phoenix:web browser based PC Bios "we *really* ignite technology!")

    --
    +++ David Watts 5495 0.0 0.5 1888 884
    1. Re:We *really* ignite our technology! by Anonymous Coward · · Score: 0

      But the problem is that Phoenix also makes web browsers

      Sounds like a good trial case to me.

  48. Mozilla forced to rename af. sued by Gozzilla Inc. by wqiiqw · · Score: 1

    Luckily, no insane organization called itself Gozilla or something. Otherwise, Mozilla will not be serving either... What's the fish.

    --
    --
  49. No Need for a name by Anonymous Coward · · Score: 0

    Don't give it a name. Just let people pick their own. It'll be like naming a new pet.

  50. so? by RelliK · · Score: 2
    It outdates the browser by quite a bit, and has worked hard to built a reputable brand for itself

    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.

    --
    ___
    If you think big enough, you'll never have to do it.
    1. Re:so? by yerricde · · Score: 1

      Phoenix *BIOS* has nothing to do with Phoenix *browser*. The two names do not create confusion

      My other comment gives a situation in which the names could conceivably confuse.

      --
      Will I retire or break 10K?
    2. Re:so? by Diabolical · · Score: 5, Informative

      Phoenix *BIOS* has nothing to do with Phoenix *browser*.

      Check out this link:

      http://www.phoenix.com/en/products/firstview+con ne ct/default.htm

    3. Re:so? by Shimbo · · Score: 1

      The two names do not create confusion, so Mozilla folks can use the name..This is why we have Macintosh apples and Macintosh computers.

      Hmm, I see now there could be no possible confusion between a Macintosh apple and an Apple Macintosh ;)

    4. Re:so? by Reziac · · Score: 2

      Given that, it seems Phoenix the BIOS company does have a case.

      However, IF they hadn't already developed an internet-related application under their own name, they'd be out of line, since trademarks are required to be specific.

      Their BIOSs still suck.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    5. Re:so? by fault0 · · Score: 2

      > Their BIOSs still suck.

      No they don't. Award Modular BIOSs are quite good. Recent Phoenix BIOSs are essentially rebanded Award (who they merged with) BIOSs.

    6. Re:so? by Daniel+Phillips · · Score: 2

      "Phoenix *BIOS* has nothing to do with Phoenix *browser*."

      Check out this link:

      http://www.phoenix.com/en/products/firstview+con ne ct/default.htm


      What are you implying? That is a product called "Firstview Connect", not "Phoenix". (Sorry, this is my third reply on this same point, because the above obvious fallacy appears to have slipped through the cracks in some people's critical thinking.)

      --
      Have you got your LWN subscription yet?
    7. Re:so? by Pete · · Score: 1
      It doesn't matter that the name of Phoenix's web browser product is not just the word "Phoenix". It could be anything. For a valid trademark defense, the only thing necessary is for the allegedly violating name to be "confusingly similar" to the trademarked use of the name.

      Let me just ask you this: if I asked you "Have you ever used the Phoenix web browser?", what would you think I was referring to?

      If you (or anyone) thought it possible that I might have been referring to the open-source XUL-based web browser built on the Mozilla project (and, quite bluntly, every person reading this Slashdot article would have), then that's it. Game over. Confusingly similar - that's all they need.

      Phoenix (the company) would seem to have a perfectly justifiable position. And please remember, they don't actually have much of a choice about this - if they don't defend themselves against trademark violations, they could lose their trademark (or at least have it so weakened that it's effectively useless). They've done the appropriate thing in explaining the position to the browser-formerly-known-as-Phoenix developers, and those developers appear to have understood the issue and accepted that they need to change the name. Thankfully :). I think everyone would lose if this thing went through an expensive/slow/painful legal resolution.

      Pete.

    8. Re:so? by fault0 · · Score: 2

      > What are you implying? That is a product called "Firstview Connect", not "Phoenix".

      How the hell would this not be protected? Go read up on some (US/International) trademark law. Findlaw.com is your friend, or in my case, roommates who are in pre-law (still a year from being done, mind you, but that's pretty far :))

  51. how about: by Bazman · · Score: 2


    Pheonix?

    Baz

    1. Re:how about: by sbryant · · Score: 1

      No, No.

      It should be: Phönix!

      -- Steve

    2. Re:how about: by wide_awake · · Score: 1

      Finux?

      It's close, as long as you pronounce it the way Linus does...

    3. Re:how about: by Anonymous Coward · · Score: 0

      Like "Hooked on Phonix?"

  52. Infringement by Phroggy · · Score: 3, Interesting

    Legally, the Phoenix browser does not infringe on Phoenix Technologies' trademark any more than the University of Phoenix, the City of Phoenix (or even the City of Phoenix). However, notice they said "The kind folks over at phoenix.com" - Phoenix Technologies has every right to be unhappy about about the Phoenix browser, and if they have politely asked the name to be changed, then this really isn't a legal issue. The Phoenix browser can be renamed simply to be nice.

    IANAL, and I have no idea what I'm talking about. This is Slashdot after all. :-)

    --
    $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    1. Re:Infringement by Ektanoor · · Score: 2

      Phoenix Technologies has every right to be unhappy about about the Phoenix browser

      Well, sincerly I don't get with your idea... Phoenix Technologies do not make browsers. Besides, why they wouldn't be unhappy with the fact that Herodotus popularized the Phoenix legend, that there is a plant called Phoenix, that there is a bird commonly called "Phoenix" (the japanese Phoenix Fowl) and a city called Phoenix? That's too one-sided to be rightful. While I would agree that calling Microsoft something else rather than Redmond's crap is wrong (well their name is original right?), Phoenix is a well-known name used by tens of nations in their traditional languages. Besides, Phoenix is a very common name used in software. There is Phoenix Software GmbH. There is Phoenix Simulation Software. AFAIK, something in one of Apache's projects is named Phoenix.

      Why they would be so nice to sting into this one only project?

    2. Re:Infringement by fault0 · · Score: 3, Insightful

      > Why they would be so nice to sting into this one only project?

      Because Phoenix Technologies also makes a browser. If Mozilla had made a science simulation software called Phoenix, I'm sure there wouldn't have been a problem.

  53. Re:Yeah well...in this case, I think it's reasonab by Anonymous Coward · · Score: 0

    Jesus christ - to you and all the other retards out there saying 'but can you trademark English words? This is scandalous'. OFF COURSE YOU CAN

    Ford, Skittles, Corona, Camel... Need any more examples. The guy who gave this trademark may not have all the degrees you appear to boast about having, but HE KNOWS WHAT A FUCKING TRADEMARK IS. You protect a word in a certain domain (in this case Phoenix in computers) to stop other people leeching your notoriety. Words can be trademarked many ways (Camel for cancer causing tobacco sticks and also for Perl books). All the dumbnuts who suggested that Phoenix made BIOS and not web browsers so couldn't hold a TM on web browsers called Phoenix have just missed the point. Ford made a black car shaped like a model T, but they didn't get a trademark on black cars shaped like model Ts, they got a trademark on the generic group, cars. Microsoft don't make firewalls, but that doesn't mean I could make one and call it MS Word.

  54. That's ridiculous by stud9920 · · Score: 2

    Phoenix, AZ has been called that way for decades before even the concept of a BIOS was born.

    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.

    1. Re:That's ridiculous by Anonymous Coward · · Score: 0

      "Arizona City" is already taken...

  55. "Phoenix" BIOS by yerricde · · 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?

    --
    Will I retire or break 10K?
  56. Re:Yeah well...in this case, I think it's reasonab by blancolioni · · Score: 1

    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.

    What, like Windows?

  57. Add just 1 letter ... by JohanV · · Score: 1

    Phroenix

    1. Re:Add just 1 letter ... by KarmaPolice · · Score: 2, Funny

      Yeah, that worked so well for KIllustrator...

  58. I'd be happy to license *my* trademark to them... by M.+Silver · · Score: 2

    (Look at the "headers.")

    --

    Slashdot's token middle-aged housewife
  59. Alternatives by dr.Flake · · Score: 2

    Internet Information Searcher (IIS)
    Phoenix Is No Bios (PINB)
    Better Internet Organizing System (BIOS)

    ah well,
    other will make up many more.

    --
    Why are other peoples sig's always more witty ???
  60. Oh the irony.... by Delphix · · Score: 1

    A company once sued for copyright infringement (for alledgedly copying the IBM BIOS) now becomes the one suing...

  61. Re:In memory of the Apple project called Carl Saga by Joe+Tie. · · Score: 1

    That'd have my vote, in fact I was just about to suggest it myself! It might serve as a lesson to companies whose legal departments take too strong a leaning to the assinine.

    On the other hand it might be more advertising, good or bad, than they've gotten in a long time.

    --
    Everything will be taken away from you.
  62. Who's next? by MoThugz · · Score: 2

    Could it be Phoenix Mail? It is computer related, it does have the word Phoenix in it... and more strangely, it has been available much longer than Phoenix the browser without any action taken on them by Phoenix Bios.

    Or is there a selective method of choosing so-called infringers?

    1. Re:Who's next? by fault0 · · Score: 2

      > Or is there a selective method of choosing so-called infringers?

      No, it's just that Phoenix Mail is not a web browser.

      Phoenix, while primarily a BIOS company, also has sold a web browser for a long time.

  63. Newt by Jedbro · · Score: 1

    Newt - small cute and fast!

  64. Um, actually... by Anonymous Coward · · Score: 0

    There is a program called GoZilla! that's a download manage I believe. And, the Mozilla people have been under a bit of pressure from the Godzilla folks.

  65. Collectors Item by Heem · · Score: 1

    Does this make my phoenix browser a collectors item now?

    --
    Don't Tread on Me
  66. Salamander by leoboiko · · Score: 5, Interesting

    Salamander is a very good name. It's a mythological creature related to fire, like Phoenix, and it's a lizard, like Mozilla.
    I hope that, if they change the name, they use this one.

    --
    Prescriptive grammar:linguistics :: alchemy:chemistry. Stop being a nazi and learn some science.
    1. Re:Salamander by i · · Score: 1

      There is a program called Servant Salamander already. (It's a replacement for Explorer, like Commander etc.)

      Sic!

      --
      Mundus Vult Decipi
    2. Re:Salamander by poulbailey · · Score: 1

      > Salamander is a very good name

      I disagree. I think it's a bad name. It would be a marketing disaster to name it Salamander. The name doesn't signal 'powerful and unbloated browser' to me.

    3. Re:Salamander by Graspee_Leemoor · · Score: 2, Funny

      Great, then Konami can sue them instead.

      "Pick it up for court case!"

      graspee

    4. Re:Salamander by new_breed · · Score: 1

      Salamander...K-meleon....Mozilla..do we have an obsession with reptiles?

    5. Re:Salamander by SSJ2+Labsuit · · Score: 1

      Salamander is a very good name. It's a mythological creature related to fire, like Phoenix, and it's a lizard, like Mozilla.

      You! You are bear. That is your name for that is your soul. And you! You are... salamander.

      I call them as I see them.

    6. Re:Salamander by gibbdog · · Score: 0

      Salamanders are NOT lizards! They are amphibians. Urodels to be more specific.

      Anyway, if you want to go with a name like that, why not go with Plethodon, or Desmognathus (salamaner genera).

      Personally, I think Heloderma (genus which contains the Gila Monster and the Beaded Lizards, the only two venomous lizards in the world) would sound neat :-)

      Heloderma, just has a nice ring to it.

      I guess I'm kinda weird with the way I name things... afterall, one of the gators I work with is named Phideaux (way of spelling "Fido").

    7. Re:Salamander by Espectr0 · · Score: 2

      I agree, but guess what, it's already taken, and it's a gecko based browser

  67. No, no, no... by phillymjs · · Score: 2

    ... you've got to call it "Itty Bitty Mozilla!"

    ~Philly

    1. Re:No, no, no... by Liquor · · Score: 1

      No, not Itty Bitty - Instead of mo, it's less, or low - Lozilla!

      [And as a bonus, that comes out as one letter ahead, as well :) ]

      --

      Liquor
      Sanity is a highly overrated commodity.
    2. Re:No, no, no... by MrCreosote · · Score: 2

      Mozquito

      --
      MrCreosote Meow!Thump!Meow!Thump!Meow!Thump! "You're right! There isn't enough room to swing a cat in here!"
  68. What about: Kirin by ukryule · · Score: 5, Interesting

    Kirin: A mythological beast from China and Japan similar to a Dragon (sort of a cross between a unicorn and a dragon). This is the only decent reference I could find. Fits in with the theme (grand mythical beasts with supernatural powers) of Mozilla and Phoenix. One legend has it that a Kirin was the father of Confucious ...

    (It's also a beer from Japan - but presumably they can't claim copyright since it's a common word and there isn't too much link between software and beer ...)

    1. Re:What about: Kirin by otis+wildflower · · Score: 1

      there isn't too much link between software and beer ...

      That's too bad for software then.. Systems administration is driven by beer, caffeine, chocolate and paranoia...

    2. Re:What about: Kirin by The+Beezer · · Score: 5, Funny
      ukryule: "there isn't too much link between software and beer ...

      You're new to the software industry, aren't you?

    3. Re:What about: Kirin by Majin+Bubu · · Score: 1

      >but presumably they can't claim copyright
      >since it's a common word and there isn't
      >too much link between software and beer...

      Hey, have you forgotten all that "free-as-in-beer" as opposed to "free as in speech" stuff? People in Asia would start wondering whether Phoenix isn't violating the GPL! :-)

      --
      Ander

      @=

    4. Re:What about: Kirin by kir · · Score: 2

      (It's also a beer from Japan - but presumably they can't claim copyright since it's a common word and there isn't too much link between software and beer ...)

      You're calling Kirin a beer?! Get it right buster! Kirin is a suh-weet, suh-weet, beer... uuuuuuggghghnnnngggn!

      --
      3cx.org - A truly bad website.
    5. Re:What about: Kirin by Anonymous Coward · · Score: 0

      (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 ...)

      What about software should be free as in speech not free as in beer?

      Cheers!

    6. Re:What about: Kirin by leoboiko · · Score: 1

      I'd prefer Time Lord, thank you.

      (If you don't get it, go play SaGa Frontier for a while).

      --
      Prescriptive grammar:linguistics :: alchemy:chemistry. Stop being a nazi and learn some science.
    7. Re:What about: Kirin by Graspee_Leemoor · · Score: 1

      Well, the kirin has long been in d&d so expect Wizards of the Cunts to come suing your ass if you use that as a name.

      graspee

    8. Re:What about: Kirin by pzilla · · Score: 1

      Besides the beer, kirin also means "giraffe" in japanese. Which is not a cool mythological monster. :)

      Since "Godzilla" is a mixture of "Gorila" with "Kujira" (whale in japanese), hence the name "Gojira". Maybe something along the same line would be cool.

      --

      --
      Karma is overrated, whoring is ok.
    9. Re:What about: Kirin by Anonymous Coward · · Score: 0

      Fine, name it after some brand of speech then...

    10. Re:What about: Kirin by rjamestaylor · · Score: 1
      Kirin: free as in speech (you gotta pay for the beer).

      Beer frees speech.

      --
      -- @rjamestaylor on Ello
    11. Re:What about: Kirin by Coryoth · · Score: 2
      You're calling Kirin a beer?! Get it right buster! Kirin is a suh-weet, suh-weet, beer... uuuuuuggghghnnnngggn!


      Ah, americans. Any beer that isn't american is good in comparison to american beer. Not to deride Kirin, which is a fine beer, but there are plenty of better beers out there. Monteiths from NZ, VB from Aus, preety much any pilsner from Czechoslavakia, Guines, and the list goes on.


      American beer most closely reselbles water.


      Jedidiah

    12. Re:What about: Kirin by Anonymous Coward · · Score: 0

      "American beer most closely resembles water"

      I think it more closely resembles donkey piss. Where are you getting your water?

    13. Re:What about: Kirin by Anonymous Coward · · Score: 0

      If you really want to stay within theme, then you need to stick to cheezy Japanese movie monsters with slightly morphed names, ie:

      Godzilla -> Mozilla

      So I propose:

      Mothra -> Godthra

      Except I'd go so far as to modify that to just plain Gothra since it sounds better and then distribute it with a really dark and angsty skin. Preferably with a few acne issues.

  69. Re:Yeah well...in this case, I think it's reasonab by jejones · · Score: 2

    Both having to do with computers didn't cut the mustard with the judge who threw out Microware Systems Corporation's suit against Apple over Mac OS 9, despite Microware's trademark on "OS-9," use of the name OS-9 since 1980, and Macintosh users who to this day post Macintosh questions on comp.os.os9 and nearly universally refer to that version of the Macintosh operating system as "OS 9".

  70. Thats not a trademark issue by nurb432 · · Score: 2

    Since they are not in the same market, and from what i see, not 'playing' on the otehrs success to trick people.. no real dispute here.

    --
    ---- Booth was a patriot ----
    1. Re:Thats not a trademark issue by Anonymous Coward · · Score: 0

      but they are! So we have a real dispute.

  71. Re:IN SOVIET RUSSIA by phillymjs · · Score: 1, Troll

    Trademarks infringe on YOU!

  72. Phoenix technologies is pissed at OSS... by Anonymous Coward · · Score: 0

    All of a sudden they became irrelevant. Does this slashdot article have anything to do with it? LinuxBIOS

  73. Mozilla Lite by hey · · Score: 1

    Mozilla Lite seems like a good name to me.
    Not flashy but it explains what it is nicely.

    1. Re:Mozilla Lite by Make · · Score: 1
      read the phoenix release notes question 15:

      What a bunch of idiots. Why didn't you call it, say, Mozilla Lite? Don't you know the importance of brand recognition?

      Oh, where to begin. First of all, it's not "lite." Not only does Phoenix aim to match the featureset of Mozilla -- subtracting features deemed geeky and better offered as add-ons -- but it extends it. For example, it adds customizable toolbars and quicksearch in bookmarks and history. It offers an add-on manager, a better wallet, and a new downloads sidebar pane.

      Second, it's not Mozilla. It's backed by mozilla.org, sure, but with each milestone you'll see it further diverge from Mozilla.

      Third, "Mozilla" is not the name of an application; it is the name of a monolithic suite containing a browser, a mail client, an irc client, and an indoor skating rink (we hear that's coming, anyways.) Even if we did decide to call this browser Mozilla, we'd still have to call the standalone mail client (see below) something else. We also believe Mozilla, in general, is going in the wrong direction in terms of bloat and UI, and see no reason for our releases to carry those connotations.

  74. Phoenix's Not Phoenix... by minitrue · · Score: 5, Funny

    ...PNP?

    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.)

    1. Re:Phoenix's Not Phoenix... by Horizon_99 · · Score: 1

      ...PNP?

      hey you don't want TSR on your back now do you?

    2. Re:Phoenix's Not Phoenix... by the_truk_stop · · Score: 1

      Oo, oo, they could just call it "Yet Another Browser"! Yeah, I don't think that's been taken yet.

    3. Re:Phoenix's Not Phoenix... by Anonymous Coward · · Score: 0
      " Oo, oo, they could just call it "Yet Another Browser"! Yeah, I don't think that's been taken yet."

      Or "Yet Another Browser Again, Yet Another Browser Again" YABA, YABA

    4. Re:Phoenix's Not Phoenix... by Kashif+Shaikh · · Score: 1

      Or how about...

      PISM..Phoenix Is Not Mozilla

      It has a nice pissy ring to it too.

    5. Re:Phoenix's Not Phoenix... by Anonymous Coward · · Score: 0

      And then the business version could be PISM-OFF. Which would.

  75. Let's call it... by robinjo · · Score: 2, Insightful

    ...Browzilla

    1. Re:Let's call it... by dd301 · · Score: 1

      ...Browzilla

      Godzilla trademark owners have taken to suing any product with "zilla" in their name. They gave a special exemption to Mozillla.

  76. But they're stuck... by Idarubicin · · Score: 2

    ...because Flagstaff doesn't want to share their name, either.

    --
    ~Idarubicin
  77. It's obvious... by m4ik · · Score: 1

    ... they should call it "Browser".
    But don't forget to trademark it.

    --
    Quod in aeternum cubet mortuum non est,
    Et saeculis miris actis etiam Mors perierit
  78. This nonsense has to stop by Arcturax · · Score: 2

    Seriously. I wish someone would have the balls to stand up and fight this kind of crap. Hell, if we all started crap flooding Phoenix.com's email inboxes with hate letters, they might give up on pressuring the Phoenix browser team.

    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 /. every day, the more angry I get and the more I see that the system is failing the people entirely.

    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.

    --

    --Won't that be grand? Computers and the programs will start thinking and the people will stop. - Dr. Walter Gibbs
    1. Re:This nonsense has to stop by Publicus · · Score: 2

      Hello,
      I am writing in regard to the issues related to the Phoenix Web Browser as discussed in this Slashdot.org story (http://slashdot.org/article.pl?sid=02/11/28/12462 38&mode=thread&tid=154) among others I am sure.

      I understand the next version of the Phoenix Browser will carry a new name because of concerns from your company over trademark infringement.

      I am confused as to why you would ask the Phoenix Web Browser to change its name when there are so many other entities using your sacred name. I would like to name a few.

      There is a city in Arizona by the name of Phoenix. (http://phoenix.gov/). Perhaps it would be best to contact the mayor's office with your concerns (skip.rimza@phoenix.gov). You may have to throw a little more weight behind any effort toward Phoenix the city because they are not an underfunded non-profit software project, but rather a major U.S. city.

      A simple search on Google using the words "mythology phoenix" brings up many links related to a bird rising from ashes. My limited research suggests that these stories rise from Arab folklore. Perhaps you can contact the whitehouse (president@whitehouse.gov) to see whether insisting that the myth of the Phoenix be forever forgotten can be included in our goals related to the war on terrorism. I wouldn't put such an effort past your company and your company's lawyers.

      I was also listening to a radio show on NPR once, called What'dya Know (with Michael Feldman). When Mr. Feldman was introduced he was referred to as "The phoenix rising from the Seinfeld ashes." You can hear the violation here (http://www.notmuch.com/Show/Archive.pl?s_id=83). This show is also non-profit and would have a hard time defending itself in a legal fight against a company like yours. Perhaps this would be the best fight to pick now that the Phoenix Web Browser has complied with your demands.

      Or, if you don't want to be a bunch of bastards, you could send a letter to the Phoenix web browser people asking them to keep their name intact.

      Until then I will do my best to avoid using your products, and will advise the purchasers at my company to do the same (we work closely together). I will continue to use the Phoenix web browser whatever the name, and I will do my best to not let the good feelings I have about it and its project in any way relieve the contempt I now have for your company.

      Happy Thanksgiving,

      Erik Mitchell
      Minneapolis, Minnesota

      --

      My Karma was at 49, then they switched to words. All that work for nothing!

    2. Re:This nonsense has to stop by Anonymous Coward · · Score: 0

      Here is mine:

      I saw today on Slashdot (http://slashdot.org/article.pl?sid=02/11/28/12462 38&mode=thread&tid=154)
      that you are pressurin the open source Phoenix browser team to change their name. You insinuate that their use of the Phoenix name causes confusion among customers. Yet there is the city of Phoenix, Arizona, there are the mythological stories of the Phoenix, which are thousands of years old and other companies out there using the name for various products.

      I find it insulting that you would think, we, the consumers and public are so stupid as to not be able to tell the difference between a web browser and your BIOS chips. I also find that your tactics against the Phoenix team, who are making no money off their hard work by the way, smacks of a schoolyard bullying.

      If you are worried people will confuse the browser with your products, then your marketing team is not doing its job properly. You are wrong to blame the Phoenix Browser team and your time and money are better spent on marketing than lawyers to harrass a group of programmers trying to make a better web browser with their spare time and offering it to the public at no charge.

      That said, I will never again buy any of your products and will urge my friends, family and co-workers to do the same. I will also do my best to spread this Slashdot story about your shameful attack against the Phoenix open source project. I would hope that you will reconsider this action and allow the Phoenix team to continue their good work unperturbed.

    3. Re:This nonsense has to stop by fault0 · · Score: 2

      One question:

      Why does this seem like nonsense to you? Phoenix Technologies and Mozilla's Phoenix both make browsers [1] and [2]

      Seems like quite a bit of confusion can be gleamed. Perhaps try looking up information before you decide to spam inboxes that they'll probably ignore anyways.

    4. Re:This nonsense has to stop by Pete · · Score: 1
      I am writing in regard to the issues related to the Phoenix Web Browser as discussed in this Slashdot.org story [ ... ]

      I hope you didn't really embarass yourself by sending that to the phoenix.com people. If so, all you've done is stand up and wave a big metaphorical placard saying "I have absolutely no understanding of this issue, but I'm going to complain anyway!"

      Of course, you're not by any means the only one... *sigh*.

      It doesn't matter that the word "phoenix" is used in other ways, by other organisations, for other purposes. It doesn't matter that there is a city called Phoenix (any more than that there's an Indonesian island called Java as well as the Sun-developed programming language Java), nor that there is a mythological bird called the Phoenix.

      You see, the mythological bird Phoenix does not produce and sell a web browser (or a computer BIOS). The US city Phoenix does not produce and sell a web browser (or a computer BIOS).

      The only two web browser products associated with the "Phoenix" name are Phoenix FirstView Connect and the Phoenix web browser project based on Mozilla.

      One of those web-browser-producing organisations has a trademark on the use of the word "Phoenix" in the area of that product. The other one does not.

      I'm sure you can connect the remaining dots.

      You might want to consider sending a follow-up email to phoenix.com apologising for your mistake and withdrawing your comments. Well, that would be the polite thing to do, in any case *wry grin*[0].

      Pete.

      [0] ...and you're a Slashdot poster, so the odds of you backing down and admitting you're wrong (even in the face of overwhelming evidence), let alone apologising, are pretty small ;-).

  79. Nooo... Internet Exploiter by Anonymous Coward · · Score: 0

    and make it a stylized E that is NOT like Microsofts. then people will call it Ie and we all can roll it out corperate wide without the Idiots running It knowing any better.

    Remember, anything you can do that goes against the IDIOTS in IT the better....

  80. Unique names by I+am+Jack's+username · · Score: 1

    Please use unique names for your programs. You can't imagine the hassles is causes when a word used in the area you are researching gets used by a popular game or app. Please make up something new, and if the big dictionaries, encyclopedias, and search engines can't recognize it, use that instead.

  81. Re:More news about the lawsuit on MSNBC by Anonymous Coward · · Score: 0

    WARNING: goatse.cx

  82. When is this madness going to end? by PyrotekNX · · Score: 2, Insightful

    Phoenix is a word thousands of years old, it has been used in mythology, in movies, to name places, as a last name, and in many other places. The word and idea have been around long before copyright and trademark and therefore should not be able to have trademark rights at all. This is like M$ tring to copyright generic words to describe their software like windows, word, notepad, etc. Good thing those cases lost, we would have to have to pay royalties whether we bought windows 9x or double hung Anderson's.

    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.

    1. Re:When is this madness going to end? by kindbud · · Score: 2

      This process can only be stopped with an armed revolution.

      And when you're arrested for fomenting revolution, and held incommunicado without counsel, you'll be crying for a lawyer - any lawyer - to take your case.

      --
      Edith Keeler Must Die
    2. Re:When is this madness going to end? by Anonymous Coward · · Score: 0

      And Phoenix has also been used in the area of web browsers. Perhaps the Mozilla.org developers should look at what is and isn't trademarked before chosing names, eh?

  83. what about .. by term_0z · · Score: 0

    Internet Exploiter 0.6?

  84. In related news by Anonymous Coward · · Score: 1

    The city of Phoenix has also been asked to change it's name.

    When asked for comment one of the locals said "what is a BIOS?"

  85. WHAT I SENT TO PHOENIX TECHNOLOGIES PR DEPT by Anonymous Coward · · Score: 1

    I am writing to protest the request by your company that the people who have created the Phoenix internet web browser change the name of their product. There is no likelihood of confusion between the Phoenix browser and your BIOS products. The Phoenix browser does not even make money. It is an open-source product. It bears no relation to your products. It does not dilute your trademark any more than Phoenix, Arizona or references to Phoenix the mythological creature. The word Phoenix existed for thousands of years prior to your company's existence.

    Your action comes off as high-handed and unnecessary meddling and I politely and respectfully request that you withdraw your demand.

    I think it would be more reasonable for all concerned to clarify their trademarks: you are Phoenix Technologies and you sell the Phoenix BIOS. They are Phoenix.ORG and they provide the Phoenix Browser. If this clarification is made, why not permit the continued use of the names? They could call it the Phoenix.ORG browser.

    1. Re:WHAT I SENT TO PHOENIX TECHNOLOGIES PR DEPT by fault0 · · Score: 2

      > that the people who have created the Phoenix internet web browser change the name of their product.

      Which Phoenix internet web browser? The one Phoenix makes, or the one that Mozilla makes?

      > There is no likelihood of confusion between the Phoenix browser and your BIOS products.... It bears no relation to your products.

      See the confusion now?

      > The Phoenix browser does not even make money. It is an open-source product.

      True, but if Phoenix doesn't project it's trademarks, then it loses them, and more hostile people than a few open source developers can take advantage.

    2. Re:WHAT I SENT TO PHOENIX TECHNOLOGIES PR DEPT by Anonymous Coward · · Score: 0

      Arguably, Phoenix.org has more mindshare and would win any trademark dispute. PHOENIX BROWSER vs. FIRSTVIEW BROWSER?

    3. Re:WHAT I SENT TO PHOENIX TECHNOLOGIES PR DEPT by fault0 · · Score: 2

      > Phoenix.org has more mindshare and would win any trademark dispute.

      1. What does phoenix.org have to do with anything? Phoenix.org belongs to one Bill Richie. I doubt that he has anything to do with either the Mozilla Organization or Phoenix Technologies.
      2. Mindshare does not matter in trademark disputes, except in cases of prior art, which is not applicable here. If anything, Phoenix (the gecko based browser)'s mindshare would strengthen Phoenix technology's argument.
      3. It's technically Phoenix Firstview Browser. Phoenix is a registered trademark of Phoenix Technologies, and there is definatly a case of similarity offered between the two web browsers can easily be proven by even any halfwit lawyer. It's more or less a open and shut case by Phoenix Technologies if they ever decided to go to trial.

  86. Moving right along by jhines · · Score: 2

    Call it Tucson, just down the road.

    1. Re:Moving right along by weave · · Score: 2

      :-) But there's other maybe better town names right in the Phoenix metro area, like Surprise or El Mirage.

  87. Congratulations, Phoenix. I'll never buy again. by emil · · Score: 0, Flamebait

    You never made a decent BIOS anyway.

    It can take a lifetime to gain a customer and only a moment to lose one. Adobe should be good company for you. Keep up the good work.

    1. Re:Congratulations, Phoenix. I'll never buy again. by Wolfrider · · Score: 1

      --Yeah, f--k Phoenix BIOS. It's not like Mozilla/Phoenix has anything to do with their product! Evil corporate bastards...

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    2. Re:Congratulations, Phoenix. I'll never buy again. by pdc · · Score: 5, Informative

      Phoenix (the company) also make a web browser that runs on your BIOS. So there really would be two Phoenix web browsers, which would be confusing.

    3. Re:Congratulations, Phoenix. I'll never buy again. by fault0 · · Score: 2

      Well, good luck in trying to avoid Phoenix (the company) in the future. Trying to avoid a particular BIOS company is like trying to avoid books with a certain type of paper.

      Anyways, I agree with your point that Phoenix never made good BIOSes, but Award always has (they've been a division of Phoenix since Sept 1998).

    4. Re:Congratulations, Phoenix. I'll never buy again. by Panoramix · · Score: 5, Informative

      That's right. It's called "firstview connect", 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...

    5. Re:Congratulations, Phoenix. I'll never buy again. by Panoramix · · Score: 2
      so Phoenix, AZ should change its name because it infringes on Phoenix Bios's copyright?

      Well, probably not, unless the city council or something wants to go ahead and turn the city into a web browser or BIOS manufacturer...

    6. Re:Congratulations, Phoenix. I'll never buy again. by Daniel+Phillips · · Score: 2

      Well, good luck in trying to avoid Phoenix (the company) in the future. Trying to avoid a particular BIOS company is like trying to avoid books with a certain type of paper.

      In the long run, closed-source BIOSes have to be replaced by open source ones anyway, for a variety of reasons, such stability, flexibility, usability, security, etc. In other words, all the same reasons that made it necessary to replace proprietary operating systems with open ones.

      This trend is already beginning.

      --
      Have you got your LWN subscription yet?
    7. Re:Congratulations, Phoenix. I'll never buy again. by Jormundgard · · Score: 1

      Yeah, maybe they should just go ahead and change the name. I'm getting confused!

  88. Re:Yeah well...in this case, I think it's reasonab by Idaho · · Score: 2

    What, like Windows?

    Yes, much like Windows.

    Last time I checked, Microsoft doesn't have a copyright/Trademark on the word Windows....

    I mean, when I type 'XFree86 -version' I still see 'XFree86 Version 4.2.0 / X Window System' so it must still be legal, right? :P

    --
    Every expression is true, for a given value of 'true'
  89. Domino's Pizza/Domino Sugar by EzInKy · · Score: 5, Informative

    How's this for a precedent:

    "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.

    --
    Time is what keeps everything from happening all at once.
  90. Minilla by dubbayu_d_40 · · Score: 1
    The name of "son of godzilla" that naver made it into into the english versions of the movies.

    http://www.stomptokyo.com/movies/son-of-godzilla.h tml

  91. Phoenix Technologies have a Browser too ! by Anonymous Coward · · Score: 0

    The true probleme for Phoenix Technologies, is that they have an Internet Browser too, check this
    http://www.phoenix.com/en/products/firstware +rescu e/fw_connect.htm

    The fun question is : is that browser based on gecko ? :)

  92. Call it Dinosoar. by miffo.swe · · Score: 2

    Soaring trough the web at warp speed 5.

    "Webster's Revised Unabridged Dictionary (1913)"
    Soar Soar, v. i. (A"eronautics)
    To fly by wind power; to glide indefinitely without loss of
    altitude.

    --
    HTTP/1.1 400
  93. My Suggestion by jazman_777 · · Score: 1

    Is that they name it "Trademark" and trademark it.

    --
    Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
  94. Microzilla by eyefish · · Score: 2

    How about "Microzilla", seems to convey that it is a micro version of Mozilla.

  95. Local humour by MarkusQ · · Score: 2

    And what should they call it instead ? Arizona City ?

    The two leading canidates are "West Scottsdale" and "Ahwatukee North." I expect there will be a couple of dozen propositions the next few general elections till it all gets sorted out.

    -- MarkusQ

    1. Re:Local humour by Anonymous Coward · · Score: 0

      I prefer "The City Formerly Known as Phoenix" (TCFKAP) or Symingtonville.

  96. New name ideas. by BoysDontCry · · Score: 1

    How about just adding a silent "K" or an extra "X" to the end? KPhoenix Phoenixx

    1. Re:New name ideas. by The+Great+Wakka · · Score: 2

      KPheonix would imply that it's related to the K Desktop project (which it is not).

      Pheonixx sounds like the name of an adult film (The Pheonixxx always rises!).

      X-Pheonix might work, though.

      --
      Everything is mainstream now.
  97. PIMP? by paranoos · · Score: 1
    I am considering posting my suggestion to the Phoenix message board...

    The new name shall be PIMP - PIMP Is Maybe Phoenix

  98. I suggest Mozillito by eyal_bd · · Score: 1

    "A smaller Mozilla"

    Name shows the connection to Mozilla
    Name hints a smaller Mozilla
    Will attrcat Latino users

    1. Re:I suggest Mozillito by Anonymous Coward · · Score: 0

      Name shows the connection to Mozilla
      Name hints a smaller Mozilla
      Will attrcat Latino users


      If these are meant to be selling points, you might want to reconsider putting some things in there that are good. Associating your product with the worst web browser on the market and wetbacks might not be a good idea. Unless you want to convey the impression that your product is slow, bloated, lazy, and drunk.

  99. It's not childish, Trademarks, unlike copyright... by AzrealAO · · Score: 2, Informative

    or patents, MUST be defended, or you can lose the trademark.

    This is why you see so many Trademark infringement cases, they MUST be defended, or the owner risks losing the trademark.

  100. Use F�nix by Anonymous Coward · · Score: 0

    The spanish equivalent.

  101. Recursive acronym, anyone? by thinduke · · Score: 3, Funny

    Like:

    MNM - MNM is Not Mozilla.

    1. Re:Recursive acronym, anyone? by tunah · · Score: 2

      But it it Phoenix?

      --
      Free Java games for your phone: Tontie, Sokoban
  102. overuse of trademarks by drmike0099 · · Score: 1

    My first recommendation would be for them to contact the EFF and have them look over whatever letter they got for it. If they simply got a nicely worded letter, they can nicely ignore it and wait for an actual cease and desist before even worrying about this.

    I don't think Phoenix BIOS has a leg to stand on because of one simple thing, they have to prove that the other party's use of their trademark could potentially cause confusion in the marketplace. Nobody with a brain is going to go looking for a BIOS and try and install the Phoenix browser on their chip, and likewise they won't try and check out the latest slashdot headline with a BIOS, so I think it would be an easy task for a lawyer to prove that the marketplace for the two products is not the same, and therefore no potential confusion.

    Of course, as someone pointed out, in a legal system where you have to pay your lawyer tax any time you want to defend yourself, lots of stupid things happen because people can't afford to defend themselves. Donate to the EFF this holiday season, and buy yourself some freedom for years to come.

    1. Re:overuse of trademarks by fault0 · · Score: 2

      > Nobody with a brain is going to go looking for a BIOS and try and install the Phoenix browser on their chip,

      Yes, just because you don't, doesn't mean other people won't. In fact, Phoenix sells a Web Browser in the bios. This is why Phoenix (the company) would go after Phoenix (the gecko based browser), and not Phoenix Mail and Phoenix (the science software)

  103. New Name? by jbailey999 · · Score: 1

    How about Feenicks?

  104. Guzula, Guzura or Gazula by Anonymous Coward · · Score: 0

    That would be (very) funny. Of course, that would have to depend on the Japanese goodwill. But since they let Disney copy everything but the original words, I think there's hope...

    Another idea would be Perman. At least, his symbol looks like a P.

  105. Call it: The Browser Formerly Known as Phoenix by LittleStone · · Score: 3, Funny

    TBFKAP

    I like that

    --
    A sig is redundant.
  106. LOL by Anonymous Coward · · Score: 0

    Can you have trademark on fantasy animals names which have already existed more than (i don't know how many years?). They are having a trademark on something they didn't invent. Sounds weird. Think about it. Next thing you know D&D is having the change their Monsters Manuals...

  107. Cease and Desist by fire-eyes · · Score: 2

    This is a formal letter. Please cease and desist the use of the word "trademark", hereafter referred as "trademark".

    --
    -- Note: If you don't agree with me, don't bother replying. I won't read it.
  108. Shut up, idiot. by Anonymous Coward · · Score: 0

    It's obvious that Phoenix was chosen expressly for the purposes of fomenting controversy and a slashdotting. For this very reason I cannot in good conscience recommend any product created by manipulative open sores "programmers." It's time to draw a line in the sand. It's time for the technocratic dorks to assume their share of responsibility in the community of moral beings. It is time to nail the ESRs and the RMSes to the cross or, at the very least, poke their fatty flesh with a sharp stick.

  109. Lightweight, and Mozilla based? by Liquor · · Score: 1

    If it's a lighter weight implementation of the Mo-zilla browser, wouldn't that make it Lesszilla? :)

    --

    Liquor
    Sanity is a highly overrated commodity.
  110. So they ought to call it by da_Den_man · · Score: 2

    TINNAPB

    For This Is Not Named After Phoenix BIOS
    --
    You keep going until you die..."Me".
  111. Hydra by aWalrus · · Score: 2

    Hydra would be a nice name too. And it is sort of a dragon (many headed monster/serpent)... Kind of goes along with the naming scheme (Chimera, Mozilla..)
    --

    --
    Overcaffeinated. Angry geeks.
    1. Re:Hydra by TeknoHog · · Score: 2

      There is a web _server_ named Hydra. IMHO it would be a source of massive confusion if a web browser and a server had the same name, and were not related.

      --
      Escher was the first MC and Giger invented the HR department.
    2. Re:Hydra by aWalrus · · Score: 2

      Damn! you're right. I made a quick search for the name, but didn't come up with that reference... Oh well.
      --

      --
      Overcaffeinated. Angry geeks.
  112. How about... by davidowain · · Score: 1

    ..Phoenux?

  113. In this week's Spyware Weekly... by kedi · · Score: 1

    From http://www.spywareinfo.com/
    "Some weeks ago, the developer for the Phoenix browser posted to the project's message boards that they had been contacted by Phoenix Tech about their use of their "trademark". Apparently Phoenix Tech claims to have trademarked the word "Phoenix".

    I emailed Phoenix Tech to ask them under what name and/or number did they have the word "phoenix" registered since I could not find it at the patent office. I asked them what legal actions they intended to take in regards to the Phoenix browser. I asked them what they intended to do about all of these organizations, who also use the word "phoenix". Would you be shocked to discover that they refused to answer?"

    kedi

    1. Re:In this week's Spyware Weekly... by Anonymous Coward · · Score: 0

      Trademarks , Registered Trademarks , and Patents are different things. And there's a reason you won't find trademarks records from the patent office.

  114. I vote for Kleenix by Wolfier · · Score: 3, Funny

    Well, at least they're both lightweight...

  115. discussion by Skyhoper · · Score: 0

    I've heard a lot of discussion that phoenix will be rename "Skyhoper." (Thank you voices in my head for the input)

  116. Re:Mozilla forced to rename af. sued by Gozzilla I by JohnnyBigodes · · Score: 1

    Actually... there's a download utility called GoZilla.

  117. How about some spice to the name.. by loconet · · Score: 2

    They should call it "Speedy Gonzales" or just "Gonzales" ... andale andale andale!!

    --
    [alk]
  118. Agreed by citizenc · · Score: 2

    This is petty and stupid. If Phoenix (the web browser) was a piece of computer hardware -THEN- I could understand why Phoenix (the bios guys) would have issue. But it's not.

    I mean, it's a fricken WEB BROWSER. And a free one at that! Like.. really. Give me a break. =)

    1. Re:Agreed by fault0 · · Score: 5, Informative

      I guess you've never heard of Phoenix FirstView Connect.

      This sounds like a strong case of infingement to me against the Phoenix (as in, Phoenix, the gecko based browser) developers.

    2. Re:Agreed by citizenc · · Score: 2

      I did not know that.

      * CitizenC removes his foot from his mouth

    3. Re:Agreed by Daniel+Phillips · · Score: 2

      I guess you've never heard of Phoenix FirstView Connect

      How is that confusing? The name of that browser (if it is one) is "First View Connect", not "Phoenix".

      --
      Have you got your LWN subscription yet?
    4. Re:Agreed by umeboshi · · Score: 1

      I think this is what started up openbios.org
      because they were going to use this to deliver ads to your computer during bootup

    5. Re:Agreed by fault0 · · Score: 2

      Your argument, while pausible, would not be held up in any court.

      Think about it this way. A rival BIOS company to Phoenix decides to make a BIOS called Award or Phoenix. Technically, Phoenix's BIOSs names are called Modular BIOS, not "Award Modular BIOS". But this has been proven in trademark cases time and time again.

      I'm sure the Phoenix (gecko browser) developers had no ill will in stealing Phoenix (the company's), trademark name. I'm sure they never even heard about a web browser made by Phoenix. But the fact is that if Phoenix doesn't defend it in what seems to be quite an infringing case, they can lose the trademark.

    6. Re:Agreed by Daniel+Phillips · · Score: 2

      Your argument, while pausible, would not be held up in any court.

      Think about it this way. A rival BIOS company to Phoenix decides to make a BIOS called Award or Phoenix. Technically, Phoenix's BIOSs names are called Modular BIOS, not "Award Modular BIOS". But this has been proven in trademark cases time and time again.


      Your counterargument doesn't make sense. Phoenix does not call their browser-like-thingy "Phoenix Browser", they call it "Phoenix FirstView Connect". Where is the confusion?

      --
      Have you got your LWN subscription yet?
    7. Re:Agreed by stuntpope · · Score: 1

      The confusion would be in the user's mind. People familiar with Phoenix Tech's product are not likely to say "Now start up FirstView Connect", they conceivably could say "start up the Phoenix browser". It's a browser, it's made by Phoenix. The Mozilla project has a browser with the name of Phoenix. Could they re-name it to "Microsoft" and say "no one calls IE the Microsoft browser, so what's wrong with Mozilla naming their browser Microsoft?"

  119. To avoid _another_ copyright infringement ... by ceeam · · Score: 1

    ... they should call it just "Internet 7".

    Also helps building the user-base.

  120. I knew my luck wouldnt last... by DaPhoenix · · Score: 1

    Who'da thunk i'd be able to run my fav. browser and have it also be a tribute to my name... And now they have to change it. Drat... Well... Here are some suggestions based on names people have given me that are 'close' to mine:

    Peenix

    Phonox

    Fenix

    P

    Fee
    ...

    Or forget all those names and be REAL cool... Choose my name instead! ComeON! If Lindows can get away with it DaPhoenix can get away with it...

    "Hey dude? Whats that awesome web browser your running? "

    "DaPhoenix"

    (and then i'd have a browser that was REALLY named after me) :P

    --
    -- -=innocent ramblings from the mind of an insomniatic programmer=-
  121. Phoenix Rename by Anonymous Coward · · Score: 0

    How about 'Mozita' :)

  122. Where's.. by jonnythan · · Score: 1

    the "-1, Wrong" mod category?

  123. Call it Monkeh by greenalbatros · · Score: 0

    in the style of fat yorkshireman of imprecise but definitely not inconsiderate years, who has spent the majority of his life gorging himself on cigarettes and alcohol.
    monkeh......monkeh.... tell us a story monkeh

    --
    this sig steers like a cow. and i can prove it
    1. Re:Call it Monkeh by Anonymous Coward · · Score: 0

      Johnny Vegas?

  124. The only reasonable candidate by David+Gerard · · Score: 2

    Mecha-Streisand!

    --
    http://rocknerd.co.uk
  125. Already used by Anonymous Coward · · Score: 0

    Back in the BBS days, it was a nifty 2-way transfer protocol. I believe the developer of Front Door was part of the team that made it.

  126. A page out of Princes Book by tourettes · · Score: 3, Funny

    How about we call it: - "The Browser formally Known as Phoenix".

    I would say sorry to those who can't see that character, but you are actually the more fortunate.

    --
    tourettes
    1. Re:A page out of Princes Book by stud9920 · · Score: 2
      • A genitive is written this way in English : Prince's book
      • Also, you probably meant : "Formerly". According to the guys at Phoenix the BIOS makers, the browser can NOT "formally" be called Phoenix, although informally it will remain so for a while.
  127. not a good subject by SubtleNuance · · Score: 1

    How about Thunderbird?

    according to this it is the Aboriginal American's name for the phoenix myth.

  128. How about... by kraf · · Score: 2

    Mozillai ?

  129. FENIX by gl4ss · · Score: 2

    why not just change how it's written..
    it's spelled (afaik) feenix/feeniks/fenix in several languages..

    --
    world was created 5 seconds before this post as it is.
    1. Re:FENIX by Ektanoor · · Score: 2

      Also Phoinix, Finiks...
      Originally Phoenix was also a meaning for "red" and it seems that Red-Bird was also a name used in the past.

      In Russian it is also known as "zhar-ptitsa" (afaik Hot-Bird) and it is also a traditional myth, slightly similar to the greek one.

    2. Re:FENIX by LooseChanj · · Score: 1

      Still too close. I've suggested "Feenicks" elsewhere.

      --
      Mix the failings of Usenet with the shortcomings of the World Wide Web and the result is slashdot.
  130. My high school... by Cytlid · · Score: 1

    ...had the same name, there was always a big joke... we often spelled it "Feenicks".

    --
    FLR
  131. How about... by secs · · Score: 2, Funny

    I can't belive it's not microsoft internet explorer.

  132. Free as in beer? by grahamsz · · Score: 2

    :) very very good beer

  133. New name by HunterD · · Score: 5, Funny

    I propose:
    "Phoenix the web browser, not PhoenixBios who are a bunch of fsckers"

    --
    - The unexamined life is not worth leading -
  134. Is this really infringement?? Maybe, maybe not. by Reziac · · Score: 2

    As I recall, it's not trademark infringement unless it falls into the same area, such that the average consumer could be confused by it. Furthermore, trademarks must be specified *at the time of registration* as to exactly what they cover, and that specification cannot be expanded without re-registering the trademark.

    The only way I can see for Phoenix Tech to have a case is if their trademark registration is broad enough to cover just about any program that can be run on a computer (not just physical BIOS chips and not just BIOS code). Anyone actually looked up what theirs covers??

    Phoenix BIOSs suck (IMO they're still stuck in the 386 era), so who'd want to be confused with them anyway!!

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  135. Are Fox and Aren't Fox by yerricde · · Score: 1

    What are the Feenicksian lawyers lake?

    Pretty tough, given that they have the full backing of Lucasfilm and News Corporation.

    Could we take them?

    Given that both those who are Fox and those who aren't Fox are out to get us, I don't think we have much of a chance against a movie studio.

    --
    Will I retire or break 10K?
  136. I ask again ... by Greedo · · Score: 2

    How long before Mozilla has to change their logo because it's a pretty blatant theft of the Toronto Raptors logo? (NBA basketball team, for those who don't know)

    --
    Tuus crepidae innexilis sunt.
  137. No, sadly not ... by magicianuk · · Score: 1

    ... one of the things about trademark laws is that it's a bit of a land rush. Since the city of Phoenix has never (to my knowledge) filed a trademark application for "Phoenix" for computer software, hardware or services, then I'm afraid the city will have to change it's name. :-) No, seriously, if a company in Phoenix wanted to set up a software company called Phoenix Software, then there *could* be a conflict, and it is up to the courts to finally adjudicate whether there could be potential confusion or "passing off". If I set up a company called "McDonalds Hard Cider" then even though McDonalds the restaurant chain don't sell or make hard cider, you can bet their lawyers would be buying new Mercedes with the profits!

    Unconnected comment:
    The International Brotherhood of Magicians (IBM) was around long before International Business Machines ...

  138. Phoenobelix by Hapless · · Score: 1

    Phoenobelix -- when one trademark infringement is not enough.

    According to the latest legal findings, you are now thinking about a heavyset French gentleman who boots your PC whilst wielding a large stone (it is unclear whether or not you can still use the noun obelisk while online).

  139. in five hundred years what will phoenix mean? by bobsalt · · Score: 1

    a burnt bird, just like five hundred years ago... jeez people, trademarks, copyrights, BLAH,BLAH,BLAH I could understand it if the web bowser made bios products, or the bios people made a web browser... apples to oranges

  140. Reason enough.... by drdanny_orig · · Score: 2, Funny

    ... to boycott products of Phoenix Technologies. This is stupid, but maybe "Bye-Oze" would be a good name.

    --
    .nosig
  141. What about Turkey ? by doru · · Score: 1

    That's an appropriate bird for the season

  142. My name suggestion by Anonymous Coward · · Score: 0

    Call it Phönix...

    looks wired and the best: US lawyers can't sue you b/c they don't know how to write 'ö' with their keyboards.

  143. A question for the legal types... by SloWave · · Score: 1

    What if the city of Phoenix decided that they liked the publicity that the Phoenix browser brought to the city and wanted them to keep the name? Could someone countersue Phoenix Technologies for trying to lock up what used to be a public domain name?

    1. Re:A question for the legal types... by janda · · Score: 1

      It's very unlikely (well, maybe not, given the idiots running around nowadays) that somebody might confuse the city of Pheonix with a piece of computer hardware. It's more likely that somebody might confuse a piece of computer hardware with computer software.

      IANAL, of course, but I think you'd be laughed out of court.

      The fact that this once again shows that US trademark law is fscked up royally is just a bonus.

      --
      Karma: Food Fight (Mostly affected by Date Plate).
  144. How about Gryphon? by baquiano · · Score: 3, Insightful
    From Mythological Characters:
    First among these creatures is the majestic gryphon. The gryphon has very distinct characteristics, with the body, hind legs, and tail of a lion, conjoined to the head and claws of an eagle. It is also said to have the wings of an eagle and feline ears. Gryphons run rampant in Medieval art and literature.
    Gryphons look also similar to Chimeras, so it sounds good to me.
    --
    You're bound to be unhappy if you optimize everything. --Donald Knuth
    1. Re:How about Gryphon? by Fnkmaster · · Score: 1
      That's the best suggestion so far. I prefer Gryphon to Kirin (at least I don't feel like busting open a Japanese beer every time I surf the web). As long as you don't call it Gryffindor - which might get you sued by JK Rowling.


      It even makes some sense - take the rear end of a lion (Mozilla) and give it a slick, eagle/feline front end (that slick, customizable Phoenix GUI). Okay, it's a stretch. But it sounds good.


      Here's my vote for Gryphon.

  145. Mozilla's new name by Anonymous Coward · · Score: 0

    Moilla? would that work

    as in mo illa than IE

  146. Sue Phoenix Technologies for copyright? (or smth) by Anonymous Coward · · Score: 0

    Could Greek historians sue Pheonix Technologies? ;-)

  147. Suggestions... by tigertigr · · Score: 1

    How about 'Gamera' or 'Mothra'? BTW, does anyone else here pronounce Mozilla "MOT-ZILLA"? I always thought it was a cross between mozzarella and Godzilla, so it made sense, but whenever I talk to people, they always say "Moh-zilla". Urgh.

  148. Call it what it is: by mehfu · · Score: 1

    Trademark Infrigment 0.5!

  149. There's a town in Arizona... by Anonymous Coward · · Score: 0

    ...that will probably be forced to change it's name soon, too.

    sheesh!!!

  150. Why don't they call their browser... by Anonymous Coward · · Score: 0

    Amy..?

    1. Re:Why don't they call their browser... by snofla · · Score: 1

      AMI?

      --
      i don't like style guides
  151. So this isn't a bios-based browser? by AyeRoxor! · · Score: 1

    What bullcrap. They should counter-sue. There is no dilution among people using either product.

    Lawer to witness: "Phoenix is a browser currently used by and large solely by the technically elite. As a member of that class of persons, do you think this browser program is made by the people who make chips that start up your computer?"

    I think we know what the witnesses would say, and as a peer suitable for a jury of peers, I know what I would say.

  152. Stop naming things as words by Anonymous Coward · · Score: 0

    Why not use a unpronounciable symbol (as that ex-"Prince" wannabe does)?

  153. Heres a good name.. by captainclever · · Score: 1

    I think they should go for something snappy that illustrates the simplicity and speed of the browser..
    something like "Catalyst" maybe

    --
    Last.fm - join the social music revolution
    1. Re:Heres a good name.. by PinkX · · Score: 1

      Yeah, and then they'll have Cisco going after them!

  154. Call it by what it is by dydxjessedydt · · Score: 1

    How about Mozilla lite? Cause thats what it is.

  155. Can we fight this by BurningSpiral · · Score: 2, Interesting

    OSS has won some past PR battles. Enough well written emails to Phoenix Technologies along with some good media articles might be enough to make Phoenix technologies change their mind.

  156. Call it.... by bombom · · Score: 1


    The Program Formerly Known As Pheonix :)

    --
    IOException - Can't Speak
  157. X-Men? by Anonymous Coward · · Score: 0

    Isn't there a character named 'Phoenix' from the X-Men comics? Shouldn't Marvel be getting a piece of the action too?

  158. This is bullshit! by Newer+Guy · · Score: 2

    The word PHOENIX has been around long before there were abacuses, let alone slide rules and computers. Also, Phoenix Technologies makes FIRMWARE not software. Or maybe I should call my friend, John Roberts, who founded Phoenix SYSTEMS, a maker of electronic gadgetry going back many decades, and tell him that there's a company called Phoenix Technologies infringing on HIS name. After all, turnabout is fair play........

  159. FirstWare Connect by SloWave · · Score: 2

    Here's a practical suggestion. Phoenix Technologies browser product is called FirstWare Connect. Anyone of us working for a company that is considering this product should do everything they can to sabotage the purchase and use of this product until Phoenix Technologies discontinues this stupid course of action. It has worked with other moron companies. On another note, didn't I just see that the open source BIOS is now working?

  160. Naming conventions? by Fnkmaster · · Score: 3, Interesting
    Why do we have to stick with mythical figures or variants of the word Phoenix? I mean Phoenix made sense - a bird that, after having been consumed in flames, rises from its own ashes (the ashes being the Mozilla project - I suppose the imagery may be objectionable to Mozilla project fans, but there's some basis to it). I mean this made sense from a marketing perspective.


    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.

    1. Re:Naming conventions? by josh+crawley · · Score: 1

      ----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).

      No, because Chamelion WAS a browser/IP stack/clients package. K-meleon was an insult around another commercial name from long ago. Chamelion software died a horrible death when MS put shitty tools to "browse the net" and get files. Adding in the IP stack is the death call for all those companies.

    2. Re:Naming conventions? by PurpleBob · · Score: 2

      Whoa there, let me get this straight.

      You think derivative names like "Litescape" are good? With a name like that, they might as well put a flashing red banner at the top of their Web page saying "THIS BROWSER WILL NEVER BE A SUCCESSFUL PROJECT IN ITS OWN RIGHT."

      Incidentally, there's already an item in Phoenix's FAQ about why they will not call themselves "MozLite" or "MiniMoz" or anything of the sort. I assume that "Litescape" would fit squarely into this pattern.

      --
      Win dain a lotica, en vai tu ri silota
    3. Re:Naming conventions? by Fnkmaster · · Score: 1
      No, I think that people are familiar with two browsers. These browsers are called "Netscape" (to most people, and to some "Netscape Navigator") and "Internet Explorer". There is some basic imagery here that speaks to people. What I'm suggesting is that from a marketing perspective (something usually ignored in open source projects) it doesn't necessarily seem sensible to strike out in a totally new direction with naming. To say that a "derivative" name or simply a name that evokes similar imagery to existing products (that was really my point) implies guaranteed product failure is insane. MozLite and MiniMoz - well those are simple. They sound like shit. Lightscape (or the less preferable Litescape which sounds cheesier to me - like a shitty American beer) is, as I SAID IN MY POST WHICH YOU CLEARLY DIDN'T READ is directly derivative of Netscape and too similar to be suitable. But it has an advantage in that it DOESN'T sound like shit (MiniMoz, Moz-anything) and evokes several images that work in the context of the product (a lighthouse which is a beacon on the seas, a well-lit landscape, a relationship to Netscape, etc.)


      So if you go back and look at my post, you'll note that my point was not that I was genuinely putting forth either of those names as candidates - rather, I thought that coming up with a nautically themed name, or name that evokes imagery similar to existing browsers might help with product adoption.

  161. Ideas by Cloud+K · · Score: 1

    Chibi-zilla
    Mozilla Lite
    Netscape 8
    SINTH (Sinth Is Not Too Huge)
    SINTHUM (Sinthum Is Not Too Huge Unlike Mozilla)
    ASM (A Small Mozilla)

    1. Re:Ideas by idomoggie · · Score: 1

      I like Chibi-zilla but if one doesn't know Japanese, the name might be lost on people. Point is, is Phoenix (the browser) cute?

  162. People need to get the facts .... by binaryDigit · · Score: 2

    Phoenix the BIOS company actually does sell a web browser (FirstView Connect). Now it's targeted towards the embedded market, but how much more clear a trademark issue can you have here?

    If Microsoft came out with an open source browser intended only for Windows use and called it MSzilla, people would be flipping their lids and crying foul.

  163. This is stupid. I'd donate $25 to fight them. by Mustang+Matt · · Score: 2

    This seems really dumb.

    What's next?
    Gecko electronics shuts down Netscape's Gecko?

    --
    The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
  164. Namepatch by pacc · · Score: 2

    I propose a branch and a separate patch to replace all name occurences to "Phoenix".

    Would the GPL allow a swedish chef patch to the documentation?

  165. How many people have contacted them? by Mustang+Matt · · Score: 2

    If we all throw a stink, maybe they'll back down.

    --
    The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
    1. Re:How many people have contacted them? by AzrealAO · · Score: 1

      They can't back down. If you don't defend your trademark, you can lose it entirely. Besides which, as many posters have pointed out, Phoenix the BIOS Company also makes an embedded Browser. They are 100% in the right here.

  166. New name by Anonymous Coward · · Score: 0

    I think they should change the name
    to "Trademark Violation". Then whenever
    someone accuses another of trademark violation,
    they can charge the accuser with violating
    their trademark on Trademark violations.

  167. Gila by joelgrimes · · Score: 1
    • Sticks with the lizard theme.
    • Gilas live all over Pheonix (AZ)
    • Easy to guess the pronunciation so people don't feel weird talking about it (think postgresql, or any GNOME project)
    • And c'mon - it's a MONSTER - a VENOMOUS one!

    Maybe a slashdot poll would be in order.
    1. Re:Gila by mr3038 · · Score: 2
      I second this. I was thinking something like Moz (in my books Phoenix is Mozilla that has been chopped off a tail and a leg but it's growing something else instead) or uMoz (microMoz).

      Unfortunately, gila.org is already taken but I wouldn't be surprised if the owner is slahdot member... I think it's important to be able to tell simple domain name to newbies when they ask about an alternate browser. In any case, gila.sf.net wouldn't be that bad either.

      --
      _________________________
      Spelling and grammar mistakes left as an exercise for the reader.
  168. Let Phoenix Technology know... by acm · · Score: 2

    Use Phoenix Technology's handy user feedback page and let them know what you think of them bullying our open source project:

  169. BEST NAME EVER by Anonymous Coward · · Score: 0

    Call it Komodo, if thats not the greatest name ever you can paint me red and i'll roar like a lizard.

    1. Re:BEST NAME EVER by fault0 · · Score: 2

      Komodo is a product by ActiveState technologie. It's a Mozilla-based IDE.

      So, uhm, "your best name" ever would result in more trademark probs ;-)

    2. Re:BEST NAME EVER by PyroMosh · · Score: 1

      Or what about calling it Sphaero? Seems appropriate to me.

  170. ummm... by shaitand · · Score: 1

    This is a company that produces bios software. For once it's exactly the people on slashdot who have the power. Boycott Pheonix bios and mb's that use it, email Pheonix and let them know exactly what your doing and why. If you own an online storefront don't sell boards that use pheonix bios, if you work in a tech shop, don't sell machines with pheonix bios, don't build machines, refuse to consider machines with pheonix bios for the new computer lab or workstations. I'm willing to bet there are alot of slashdotters who control purchasing and selling power in this area... I know I do.

  171. Hugin and Munin by njchick · · Score: 1
    Hugin and Munin are a pair of ravens associated with the Norse god Odin.

    Choose one.

  172. Just a symbol ... by ProfMoriarty · · Score: 2

    I would change the browser name to an unintelligable symbol, and go by "The browser formerly known as Phoenix" ....

    --
    Karma? Karma? I don't need no stinkin' karma.
  173. Hoover is not a custom name by kfg · · Score: 4, Informative

    Neither is Ford, Cheverolet or R.J. Reynolds. These are all just people's names.

    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

    1. Re:Hoover is not a custom name by jez9999 · · Score: 3, Interesting

      Neither is Ford, Cheverolet or R.J. Reynolds. These are all just people's names.
      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.

    2. Re:Hoover is not a custom name by FurryFeet · · Score: 2

      You clearly are very young, and I don't mean that in a disparaging or mean way. But you seem to have a very idealistic idea of justice. I agree that is how it SHOULD be, but it's not how it IS. Allow me to clarify a few points.

      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.
      No, you don't need to spend every second of the 5 years defending it. Still, it's pretty certain that during a large part of that period you'd be under injunction not to use the contested mark. After five years of that, do you still want it? Really? Because by then your product is either off the market or already established by another name.
      Plus, your contention that all you have to do is tell your lawyers what to do implies a very large supply of money to pay the aforementioned lawyers.

      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.
      Again, I agree that's how it SHOULD be. That's not how it is. Win or lose, you're responsible for paying your lawyers, and 20K sounds cheap to me. Lawyers usually charge over $250 an hour, and they bill for every hour they spent even thinking about your case.
      So, in real life, even if you win, you get nothing more that the right to use the mark. No refunding of legal fees, no inconvenience charges, nothing. Sucks, yeah, but that's the way it works.

      If they don't have a legit case, YOU should win.
      There are so many examples of why this is not true, I'll let you find them. Let me just mention Microsoft's antitrust case.
      Plus, it all depends on what a "legit" case is. It could very well be that the judge finds their arguments more compeling than yours, as certain as you are of your point. Again, that's the way the system works.

    3. Re:Hoover is not a custom name by jez9999 · · Score: 2

      You clearly are very young, and I don't mean that in a disparaging or mean way. But you seem to have a very idealistic idea of justice.

      I'm 19. You don't have to be very young to have an idealistic idea of how justice SHOULD be :-)

      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.
      Again, I agree that's how it SHOULD be. That's not how it is. Win or lose, you're responsible for paying your lawyers, and 20K sounds cheap to me.


      Interesting comment. I think this may be a serious flaw of the American legal system, because I believe that over here (Britain), the losing party IS required to pay the other side's costs, which obviously include legal fees and most likely inconvenience. This is the best way to do things, as it discourages someone from falsely defending something, or launching a frivoulous lawsuit.

  174. What's in a name? by Malicious · · Score: 2
    Am i on the right page? All these name suggestions, and not one involving 'Cowboy' or 'Neal'

    I must have wandered into an alternate universe again.

    --
    01101001001000000110000101101101001000000110001001 10000101110100011011010110000101101110
  175. I'm Freud Nut by DangerJim · · Score: 1

    I think it's just a case of Phoenix envy.

  176. Bullshit! by Ark42 · · Score: 1

    Two companies can share the same name if its used for different purposes. Look at me - I have a trademark on MORPHEUS for the purpose of image manipulation, while some other company has a trademark for MP3/Music purposes.

  177. Phoenix from Harry Potter by Tribbin · · Score: 1, Interesting

    I like the name 'phoenix' because it is reborn from a bigger, older, mozilla.

    What is the name of the phoenix in Harry Potter (2).
    Some quizmaster must have been wondering the same. ;-) [http://uk.geocities.com/pottermovie/quizjava.htm]

    What is the name of Dumbledores Phoenix?

    1. Firebolt
    2. Flamer
    3. Fawkes
    4. Fizz

    Fawkes is the right answer, is that a good name for a lightweight webbrowser?

    Another suggestion:

    -Huma-
    Huma means "phoenix" in Persian. It was a name that Baba used as a pen name. Whenever he wrote a poem he used this name. In both Persian and Egyptian mythology the story of the phoenix is similar. A phoenix is a bird that consumes itself by fire and is reborn from its ashes. It is also a merciful bird.

    A Phoenix is like a bird with red and gold feathers and known to have a beautiful song. A Phoenix life span varies from different versions, 500 years, 540 years, 1000 years, 1461 years and even 12,9994 years. The Phoenix builds a nest and sets itself on fire and a new Phoenix springs from the pyre. In ancient Egypt the Phoenix represented the sun and in Greek Mythology it presents the early morning. Early Christian custom adopted the Phoenix as a symbol of immortality and resurrection and modern folklore uses the Phoenix as a sign of rebirth, renewal, and starting one more. There only exists one Phoenix at a time. One potential explanation for the Phoenix legend is that some large birds spread their wings over fires so that the smoke exterminates vermin.

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  178. Name suggestion by LooseChanj · · Score: 1

    I feel they should re-name it to "Feenicks".

    --
    Mix the failings of Usenet with the shortcomings of the World Wide Web and the result is slashdot.
  179. Just call it by Anonymous Coward · · Score: 0

    Ernie.

  180. How about "xienohp" ? by Anonymous Coward · · Score: 0

    New name: Xienohp - Phoneix reversed.

  181. Why do we argue just for a product name? by Kijon77 · · Score: 1

    I think there's a thing we should keep in mind before keep going with this discussion. Why do we download certain software, in this case, a browser? I think the most of the people download software because of its capabilities rather than because of its name. So we should not care about the final name if this browser is as powerful as everybody says.

  182. All right! Name contest! by pzilla · · Score: 1

    I think they should use the name "Xenix" *.


    * It's a deceased Unixlike OS by... Microsoft, and the name sounds just like phoenix. After that Lindows case, I think they should try this one. :)

    --

    --
    Karma is overrated, whoring is ok.
  183. So now we know... by Anonymous Coward · · Score: 0

    Phoenix is going to include a web browser in their BIOS!

    1. Re:So now we know... by Anonymous Coward · · Score: 0

      They already sell one, and have since 1999, far longer than the other Phoenix's lifespan.

  184. cloud with a silver lining by Lobster+Cowboy · · Score: 1

    While it sucks that they have to change the name of the browser, it's cool that the project has gained enough recognition to even be noticed by the Phoenix BIOS people. It shows how good the word of mouth has been concerning Mozilla and its offshoots.

    --
    --They say only a fool looks at the finger pointing to the sky...
  185. In doubt, use it in another language... by pzilla · · Score: 1

    Suggestion: Hinotori (Phoenix in Japanese)

    Besides, a classic manga (japanese comic) by Osamu Tezuka and game from Konami in 1987 based on the the same manga for the MSX 2 computer system. I doubt someone would sue because of this name.

    --

    --
    Karma is overrated, whoring is ok.
  186. First level trademark search by XNormal · · Score: 2

    Google is great, but how about a real trademark search?

    --
    Stop worrying about the risks of nuclear power and start worrying about the risks of not using nuclear power.
  187. What about the polymorphs? by Inoshiro · · Score: 2

    I think we're all beginning to lose sight of the real issue here, which is: what are we going to call ourselves? Erm, and I think it comes down to a choice between "The League Against Salivating Monsters" or, my own personal preference, which is "The Committee for the Liberation and Integration of Terrifying Organisms and their Rehabilitation Into Society."

    Erm, one drawback with that -- the abbreviation is "CLITORIS."

    (I love Red Dwarf)

    --
    --
    Internet Explorer (n): Another bug -- that is, a feature that can't be turned off -- in Windows.
  188. How about Columbo? by Anonymous Coward · · Score: 0

    Since Sherlock and Watson are already taken, why not Colombo? It fits the bumbling, yet effective way that the Phoenix browser slowly searches and tries to find the "right answer" to our browsing needs....

  189. Re:Is this really infringement?? Maybe, maybe not. by Anonymous Coward · · Score: 0

    > Phoenix BIOSs suck (IMO they're still stuck in the 386 era), so who'd want to be confused with them anyway!!

    For the last three or so years, Phoenix BIOSs are internally just Award BIOSs.

  190. I hope they call it "River" by DavidKirkEvans · · Score: 1

    ... since "Phoenix" is, apparently, dead.

    1. Re:I hope they call it "River" by Anonymous Coward · · Score: 0

      Hey, yeah! And they can hold the press conference to officially announce the name change on the sidewalk outside the Viper Room. Maybe they could even get Samantha Mathis to stop by and assure everyone that the renamed browser will be just fine. :-)

  191. Phoenix! That was a great game!! by Picass0 · · Score: 2

    It was better than Space Invaders! I still play it on Mame sometimes. I had it on the Atari 2600 too!

    (What? Pheonix BIOS? They think they have first dibs on the name?)

    Um.... PRIOR ART?!?! I this consitutes a piece of software with the name that pre-dates the BIOS.

    1. Re:Phoenix! That was a great game!! by JessLeah · · Score: 3, Funny

      Ahhh, glasshoppa. You young and idealistic. Jesi-chan tell you how it is...

      It no matta pliah aht.
      It no matta dictionary wuhd.
      It matta how many billion yen yoah company wohth...

  192. IDEA: Mozoenix by Anonymous Coward · · Score: 0

    Mozilla + Phoenix = Mozoenix. Or Mozenix.

    Phomoenix?

  193. Howsabout FOENIX ? by Forget4it · · Score: 1

    PH -> F

    Phoenix -> FEONIX

    Ph*ck them-> ????? them!

    --
    Artificial intelligence is the study of how to make real computers act like the ones in the movies.
  194. Re:Yeah well...in this case, I think it's reasonab by fault0 · · Score: 2

    But Phoenix (the company) also sells browsers.

  195. Thank god! by FyRE666 · · Score: 4, Funny

    ...The reason is that the BIOS manufacturer Phoenix Technologies dislikes the trademark infrigment.

    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!

  196. ...GNU/Phoenix by Wolfier · · Score: 1, Redundant

    Oops, it isn't using GPL. Never mind...

  197. Basilisk and other monsters of mythology by Simon+Kongshoj · · Score: 5, Insightful

    Another lizard monster of mythology is the Basilisk. This bad fucker will turn its prey to stone with a gaze, like the Medusa. There's also a quite cool similarly named real-life lizard, which is capable of running across a water surface without sinking. Other fun mythological monsters that could perhaps make good browser names include the Roc (a gigantic bird, like a Phoenix), Fenris (the wolf monster of Norse mythology), or Jormangund. The latter might in fact be appropriate (although unfortunately long and difficult to pronounce), since Jormangund (also called "Midgaardsormen", the Midgaard Serpent) is a gigantic dragonlike serpent which encircles the realm of humans (Midgaard / Earth). I somehow like the association of a web browser with a creature that encircles the world.

    --
    Six sick .sigs, the Number of the Beast!
  198. About Killustrator... by 2nd+Post! · · Score: 3, Informative

    Wasn't Killustrator an obvious case of infringement?

    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.

    1. Re:About Killustrator... by WowTIP · · Score: 2

      It's as if the browser was named PInternet Pexplorer. Hmmm.

      Damn, that is a good new name for the Phoenix project. Let's adopt it! :)

      --

      --

      "I'm surfin the dead zone
      In the twilight, unknown"
    2. Re:About Killustrator... by Anonymous Coward · · Score: 0

      Not only was Killustrator a direct instance of trademark snafuage, it was a stupid name.

      Killustrator. Yeah. That's something *I'd* want to use. It ranked right up there with 'Microsoft Bob'.

    3. Re:About Killustrator... by Daniel+Phillips · · Score: 2

      Wasn't Killustrator an obvious case of infringement?

      No, because "illustrator" is a dictionary word. For Adobe to name their product "illustrator" was just plain stupid, if they wanted to have trademark protection. Oh wait, the U.S. legal system protects them anyway, compensating for Adobe's stupidity by trampling the rights of the general public.

      Regardless of the strength of Phoenix's legal position, they have clearly dropped the ball on the moral front, coming across as school yard bullies. If that was not their intention, they should have done something to show it. For example, sponsor a programmer on the project, whatever. Anything to give the impression of give+take. Instead, they just did the take part. Where is the give?

      Beating up on volunteers is not a good way to improve your corporate image.

      However, I agree with you that "Killustrator" was a stupid name, not because of potential infringment (which IMHO did not exist except in the fevered minds of certain corporate and legal drones) but because it just sounds stupid. "KDE Illustrator" would have been oh-so-much more sensible.

      --
      Have you got your LWN subscription yet?
    4. Re:About Killustrator... by Anonymous Coward · · Score: 0

      Grow up. English can't be used to form trademarks now? "Shell" can't be a trademark? "British Petrolium" can't be a trademark? "American Automobile Association" can't be a trademark? "General Motors" can't be a trademark? "International Business Machines" can't be a trademark? We should only allow non-words to be trademarked? "Intel" "Initech" "Enron" "Xerox"...

      As a member of the "general public" I do not feel my rights are being trampled when bull-shit MBA weenies are prevented from tricking me into purchasing "$hell" gasoline when I want "Shell" or a "Modona" CD when I want a "Madona" CD or if I want a "Koyanisquatsi" CD and accidentally purchase a rip-off movie by Yanni called "Koyyanisquatsi"

      On the otherhand, if you are a bull-shit MBA type who's just out to make a buck, then I would agree that trademark law is infringing on my rites to sucker the public.

    5. Re:About Killustrator... by 2nd+Post! · · Score: 2

      What's wrong with Illustrator being a dictionary word?

      If Adobe had used the word 'Vextroc' for their vector based graphics program, how would it change the fact that they probably would have named their open source graphics program KVextroc?

      There's three issues here:
      The idea of trademark. Arguably names have power and value. I tend to think trademark is okay.

      The idea of 'common' names. Arguably it's stupid to trademark common words, like 'Word' or 'Office' or 'Illustrator'. On the other hand, they are just words, and the value is not in how common they are, but in how important they are. So the value of 'Coca Cola' or 'Adobe' or 'Illustrator' isn't in how common they are, but in the product/service/good they are attached too.

      The idea of infringement. It's obviously stupid to infringe by copying someone's name. KOffice, KIllustrator, KPhotoShop, KQuake2, KCiv, KWingCommander, KFinal Fantasy, all are *stupid* names because someone else already created the value of the brand. 'Riding coattails' by borrowing someone else's name is just dishonorable, lame, and disrespectful.

      Now, the issue of Phoenix is that Phoenix *does* ship an integrated web browser/server as one of their products.

      Just like Adobe happens to ship a vector based graphic illustration program, named Illustrator.

    6. Re:About Killustrator... by mpe · · Score: 2

      No, because "illustrator" is a dictionary word. For Adobe to name their product "illustrator" was just plain stupid, if they wanted to have trademark protection.

      Not only is this a dictionary word it is also a description of the program in question.

      Oh wait, the U.S. legal system protects them anyway, compensating for Adobe's stupidity by trampling the rights of the general public.

      Though the US legal system has in the passed voided "weak trademarks".

  199. Another idea... by Fnkmaster · · Score: 3, Insightful
    Somebody else just pointed out that the Chimera browser (Mac OS X/Cocoa GUI using Gecko rendering engine) is now called "Navigator" or "Chimera Navigator" but the project is still called "The Chimera Project". This apparently was due to threat of lawsuit there by some trademark holder on "Chimera".


    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.

  200. The Migthy Phoenix by droolfool · · Score: 1

    I bet Phoenix, the Migthy One, will rise and crush everyone and everybody using its holy name. Beware, Phoenix Technologies!

  201. They should name it... by Anonymous Coward · · Score: 0

    ...Award.

  202. New name by Anonymous Coward · · Score: 0

    How about... Pr0nzilla?

  203. I've got it! by weathergeek · · Score: 1

    How about "Big Bird"!

  204. Pheonix TM or Pheonix Technologies TM? by physman · · Score: 0

    What are Pheonix Technologies actauly registered as Pheonix TM or Pheonix Tefhnologies TM? It is quite likely the latter, so why is Pheonix an infrignement of copyright?

    --
    Murphy's Law of Research: Enough research will tend to support your theory.
  205. People's names by Anonymous Coward · · Score: 0

    A department store in London by the name of Harrods was very keen a while back on suing every shopowner in the world whose surname was Harrod or Harold or Herod... The town of otorohanga changed its name to Harrodsville in protest.

    Can you imagine if every "AJ Patel, tobacconist" shop were to sue the others what confusion would result (or are they actually a chain like WH Smith?)

  206. Re:About that name change... +1 Insightful by saskboy · · Score: 2

    Exactly. When I hear Pheonix BIOS, I think crap 386 that won't boot. They have no customer recognition anyway. When was that last time you heard a computer buyer say, "I want to have a new motherboard, and it needs 6 USB and a Pheonix BIOS."

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
  207. Rodan by Anonymous Coward · · Score: 0

    Rodan, Known as the dignified "samurai of the skies,"
    Rodan & Fire Rodan
    Rodan hung out with Godzilla, AND... came back from a volcano to be in another movie (hmm,. like Phoenix)

  208. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  209. Next Item: Black Widow Sues by plasm4 · · Score: 0

    The Black Widow spider has decided to sue all other black spiders with markings on their bellies, stating that they are infringing on its trademark. "The black widow has worked to maintain its image in the insect community, and these imposters are getting a free ride" said a black widow spokesman. The copycats will have to alter their appearance or pay a licensing fee.

  210. Don't forget by Lemmeoutada+Collecti · · Score: 1

    Don't forgete the following mythical creatures:

    Geek with Girlfriend
    Honest Politician
    Trustworthy Computing
    Secure Windows
    etc...

    --

    You can have it fast, accurate, or pretty. Pick any 2.
  211. palantir would be cool but.. by Anonymous Coward · · Score: 0

    you could have problems with Saul Zaentz's
    Tolkein Enterprizes.
    They have the rights to various elements of the
    Hobbit and LOTR.

  212. Chimera or Navigator by hoytt · · Score: 1

    Somebody else just pointed out that the Chimera browser (Mac OS X/Cocoa GUI using Gecko rendering engine) is now called "Navigator" or "Chimera Navigator" but the project is still called "The Chimera Project". This apparently was due to threat of lawsuit there by some trademark holder on "Chimera".
    Most, if not all Mac users who use Chimera call it Chimera. The app itself may be called navigator in the Finder, but if you say: "The new Chimera is out." everyone knows what you're talking about. It may have a legal name Navigator, what would seem like a problem given Netscape's Navigator, but it's referred to as Chimera. Even on the Chimera site the word Navigator is no where to be found. Take this page for example.

    1. Re:Chimera or Navigator by Fnkmaster · · Score: 1

      Well, if you look at their main project page here you will see that they refer to the Chimera Project and sometimes to Navigator. Whether this is a mistake, or cutting and pasting of sentences from other sources or intentional is certainly arguable. Somebody told me that they were calling it "The Chimera Project" but they were officially not calling the browser "Chimera" anymore - when I went to their webpage I saw the strange back-and-forth references. Anyway, it was just an idea. :) Take it or leave it.

  213. Call it "Fenix" or "Fenix Down". by Cryptnotic · · Score: 2

    Fenix Down was the name of the item which would revive a character from the dead in the old Final Fantasy games. It was an incorrect reverse transliteration. Phoenix is spelled phonetically in Japanese, but to go backwards, if you don't know how to spell it, you would write "fenix", or maybe "fenikksu".
    They used fenix in the English versions of the games. No one I knew had any idea what a "fenix" was.

    --
    My other first post is car post.
  214. the IRC script was trade marked... by Anonymous Coward · · Score: 0


    well actually it wasn't, but that would make a better story.

  215. Change the name to PENIX .... by Anonymous Coward · · Score: 0

    and the slogan can be:

    "In honor of the company who made us change the name."

  216. How about ... by Anonymous Coward · · Score: 0

    ... Godzilla?

  217. "the phoenix developers are not stupid" by pentarou · · Score: 1

    here's an informative thread...see ted's post, five comments down.

    would've been nice if this had been posted in the story itself.

  218. Re:What's the relation - somewhat OT by LUN!X · · Score: 1
    the only problem here comes when Phoenix (the BIOS dudes) start to cram spyware into their product, something that was to be called "PhoenixNet." Same thing as this other browser, basically, but with a few extra (and thankfully stillborn) goodies. check it out.

    I clipped a bit from here if you're interested... and BTW i think Phoenix (BIOS) doesn't do this kind of sleazy shit anymore. I think.
    Q. Why should I install PhoenixNet solutions for my end-users?

    A. Installing PhoenixNet solutions will provide tools and software applications to help your end-users get the most out of their computer. It provides them with a personalized web-browsing experience, essential business applications and special offers from leading online services. In addition, the home and search settings will be customized for consistency with the system settings for country and language, a particular benefit to users located outside of North America.

    Q. What are the benefits of becoming a PhoenixNet Partner?

    A. PhoenixNet Partners with a Partner ID can participate in upcoming incentive and co-marketing programs and can receive e-mail bulletins on the latest end-user tools as they are added.

    Q. What is the difference between installing a PhoenixNet-enabled motherboard and a non-PhoenixNet-enabled motherboard?

    A. If your computer is built with a PhoenixNet-enabled motherboard, a portion of the PhoenixNet software resides safely within the BIOS ROM (Read Only Memory). PhoenixNet solutions launch automatically at the initial start-up of your new PC and it sets the home page and search page default based on system settings detected on the computer. If you don't have a PhoenixNet-enabled motherboard, PhoenixNet software is available on the CD-ROM containing the motherboard drivers. If you decide to pre-install PhoenixNet software for your end-user, the home page and search page will be automatically set up the first time the end-user connects to the Internet.

    Q. How do I put my company logo and branding information on the Graphic Launch Screen?

    A. First you need to ensure that your PCs have a PhoenixNet-enabled motherboard. Second, you need to have a PhoenixNet Partner ID. Lastly, you need to obtain a software utility from PhoenixNet which will enable you to add your logo and company information to the Graphic Launch Screen. [...]

    Q. What options do I have for pre-installing PhoenixNet solutions?

    A. You have several options to select from during the PhoenixNet solutions installation:

    You can change the default settings of the home and search page

    You can select which software tools and applications you want to pre-install on the computer. (Note: the end-user always has the option to add items if they register with PhoenixNet and/or they elect to install additional PhoenixNet solutions [that translates to "give me more shitty spyware please" in BIOS-maker-speak -ed.] from the Motherboard Drivers CD-ROM.)

    PhoenixNet(TM) invites you to join our other partners in our global valued-added distribution network. Contact us by e-mail, fax or phone, and please tell us about your business, to find out how PhoenixNet can expand your marketing efforts and the value of your systems [...].

    According to a document from the Phoenix website:

    B. BIOS Security Services
    Because external clients must access security information or functionality only the BIOS can provide, PhoenixBIOS provides BIOS Security Services for both internal clients (such as Setup nodes) and external clients not linked with the BIOS. This new technology uses two tables, one that defines security states and the other that defines the permissions under which access to a device is allowed. It is also possible to govern individual Setup items with separate security provisions. The BIOS Security Services provide a mechanism for external clients to extract information from the BIOS or instruct the BIOS to perform a specific function.

    From a motherboard manual:
    4.1.2 PhoenixNet Online Services
    When the PhoenixNet ILS detects an Internet connection, it makes contact with the PhoenixNet server and delivers user-selectable services from PhoenixNet's Internet Partners. These services are delivered to the user as hotlinks on the desktop and in the web browser or, as applications that PhoenixNet automatically packages, downloads and installs.
  219. pick something unique--check Google by g4dget · · Score: 2

    It used to be good to pick a catchy, pronounceable, real-world name for a product. On the Internet, on the other hand, it's good to pick something unique and distinctive: "Phoenix" has 6.1 million hits on Google, something like "MicroZilla" has 10. Microsoft and Sun made similarly stupid choices with "C#" and Java ("C#" occurs in music, and the special character makes it difficult to search for). So, check Google before picking a product or project name.

    1. Re:pick something unique--check Google by Anonymous Coward · · Score: 0

      Searched the web for linux. Results 1 - 10 of about 58,000,000. Search took 0.05 seconds

      Searched the web for jesus. Results 1 - 10 of about 14,900,000. Search took 0.08 seconds

      Therefore, Linux is more popular than Jesus.

      I admit that was rather random, but it has a point. I think the word "Java" has more hits related to Java (the language) than Java (the coffee). It's all about popularity, and as the above example shows, on the Internet computer related stuff typically comes out stronger than anything else.

    2. Re:pick something unique--check Google by Anonymous Coward · · Score: 0

      It's not a popularity contest. Any name that gets more than a few hundred hits on Google is probably a good choice. So, don't name your new OS "Jesus" either.

  220. Don't drink and code by Anonymous Coward · · Score: 0

    Don't drink and code. Otherwise your programs will crash.

    As proof, look at Windows. Windows was written after a week long binge.

  221. As I recall by Rogerborg · · Score: 2
    --
    If you were blocking sigs, you wouldn't have to read this.
  222. Bios vs. browser by Anonymous Coward · · Score: 0

    At least Phoenix (the browser) beats Phoenix (the bios) if you ask Google.

  223. My Suggestions by BladeMelbourne · · Score: 2, Interesting

    My suggestions:
    Kokoda (dragon)
    Raptor (the dinosaur) (It tears shreds of Internet Explorer)
    Anti-MS Internet Exploder
    Goanna (an Aussie lizard... also known as a Sand Monitor)

    Stargate (after the TV series)
    Mozilla Jr.
    Minizilla
    MoreZilla
    MultiZilla

    LCARZilla

    AraneaVola (Web Fly in Latin)
    AraneaPorta (Web Gate in Latin)
    ParvulusAranea (Tiny Web in Latin)
    StabilisAranea (stable/steadfast Web in Latin)
    VeloxAranea (quick/rapid/swift/fast Web in Latin)
    ParvulusVeloxAraneaStabilis P.V.A.S (Tiny Fast Web Stable in Latin)

    I hope you found them mildy amusing...

  224. I will call him... by gibbo2 · · Score: 1


    Mini Moz.

  225. In other news... by EdMcMan · · Score: 1

    Lawyers for the state of Arizona reported today that the city of Phoenix received a threatening later, stating that the city's name is infringing on a trademark. Although the city has been around for much longer than the trademark, and has nothing to do with it, a lawyer none only as X (as it can not be trademarked), said "Well, in light of recent rulings, anyone with a trademark has the right to control anything remotely related to that trademark! If it's written in the same language, they own it." Calls to the mayor seemed to be redirected to Phoenix Technologies, and were not returned.

  226. name suggestion by delstar+dotstar · · Score: 1

    i sez they oughta change Phoenix's name to "Shithead Bios Manufacturer"

  227. Gobbler by MicroBerto · · Score: 2
    Seeing that it IS Thanksgiving here in the states, and there's nothing worthy named "Gobbler" yet, I propose Gobbler!

    Gobble gobble! Hopefully it won't gobble gobble your system resources!

    --
    Berto
  228. In other news... by Anonymous Coward · · Score: 0

    It was announced yesterday that Phoenix Technologies, the BIOS manufacturer, is facing legal action from Herodotus and his publishers.

    Herodotus, a sprightly 2,430 year old author from Greece, claims that Phoenix Technologies stole the name, and the concept of the "Phoenix" from his writing. "I've got merchandising rights on that dumb burning bird," he was reported to have said.

    Ancient Egyptian writers strongly disagree, claiming that Herodotus stole their concept of the "Bennu Bird", renamed it, and is trying to exploit it in the marketplace. "We had the 'Book of the Dead' before Herodotus was a lump in his daddy's trousers. He's nothing but a cheap rip-off merchant," claimed an Egyptian spokesman.

    Representatives from Phoenix Technologies denied any connection between Herodotus' mythical creation and their products. "Obviously, a BIOS is a different sort of thing to a bird. And whilst our BIOSes do occasionally burst into flames, we make no claim that they rise again from the dead."

  229. Google is still step 1 by yerricde · · Score: 1

    how about a real trademark search [uspto.gov]?

    That's a later step nowadays. Google is still step 1 because it's easiest. In general, trademark searches proceed as follows, with the most effective sieves (in rejections per unit effort) listed first:

    1. Search Google.
    2. Search Whois.
    3. Search TESS, the USPTO's trademark search engine.
    4. Hire one of the major trademark search companies to do a worldwide search including common variants.
    5. Start selling your product.
    6. Register your trademark worldwide.
    --
    Will I retire or break 10K?
  230. chimera by farnsworth · · Score: 1
    no one seems to mind that there is already a browser named Chimera.


    screen shot

    --

    There aint no pancake so thin it doesn't have two sides.

  231. How about... by Sex_On_The_Beach · · Score: 0

    Lamezilla. Now thats a name!

  232. Time for word games: by A_Non_Moose · · Score: 3, Funny

    Fenix
    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.
    .

    --
    Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
  233. Cheetah by Kupek · · Score: 2

    I looked, and I didn't see anyone else reccomend "Cheetah." Seems to be the obvious choice for me.

  234. Thanks by Mustang+Matt · · Score: 2

    I missed the fact about the embedded browser.

    --
    The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
  235. /. Headline by Anonymous Coward · · Score: 0

    To the Slashdot editors: do you think you could just add a little notice in the story about the fact that Phoenix.com does make a browser? That totaly changes the situation...

  236. But, but... by Rui+del-Negro · · Score: 2

    It's been a while since I've seen a BIOS made by anyone besides Phoenix.

    RMN
    ~~~

  237. Don't change, just add. by tai · · Score: 2, Insightful

    ...and keep current name (for example, "Phoenix Navigator").

    I recall this is what Palm had done with their first product, which was first named "Pilot", but was changed to "Palm Pilot" due to trademark issue raised from Pilot Co.

  238. Simply ridiculous.. by Anonymous Coward · · Score: 0

    We also have a project underway called 'phoenix' - as, no doubt, plenty of other people do as well.

    What on earth are we supposed to do whenever we want to name a project? Revert to some MD5-like encrypted string to represent the name of a product/project just so we dont infringe on someone's trademark?

    How about "LkjnmfBU39Mjh3m,sj3m,(3kw" as a product name - catchy no?

    When will it end?

  239. How about..... by z84976 · · Score: 2

    Pheonix (the bios-maker) give some official support (funding? serverspace? hot meals?) to the Pheonix (the mozilla-based browser) project in an effort to "co-opt the brand recognition" and do BOTH the entities some good? Malice gets us nowhere.

  240. Well yeah by BestNicksRTaken · · Score: 0

    I'm glad about this, as actually Phoenix is the name of Acorn/Pace's web browser, that started off as 'Browse' some years ago before moving into set top boxes.

    In fact I have Phoenix v2.09i2 loaded now, and it ain't on my Linux box!

    --
    #include <sig.h>
  241. Re:Is this really infringement?? Maybe, maybe not. by blender98 · · Score: 1

    Hate to upset you there, but unless your BIOS comes from AMI, then you almost certainly have a Phoenix BIOS.

    Hint: Phoenix/Award are the same company.

  242. a rose by Anonymous Coward · · Score: 0

    a rose by any other name still renders the same

  243. I propose . by AftanGustur · · Score: 2


    If phoenix, the BIOS manufacturer is giving them hard time, just call it "Vogler" (The Bird Hunter Specialist) ;-)

    --
    echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
  244. this joke is really bad. do not read. by Anonymous Coward · · Score: 0

    q: why do they call it a pap-smear?

    a: if they called it a cunt-scrape, no one would get one.

  245. We've Already Got Mozilla by krmt · · Score: 2

    So how about Lesszilla?

    --

    "I may not have morals, but I have standards."

  246. Re:How about Bazilla? by daImpact · · Score: 1

    "Bazilla" Reflects the "browser only" philosophy, don't you think? .. Or maybe "Justzilla"...

  247. Call it the same but in Spanish. by jotaeleemeese · · Score: 1

    Phoenix in Spanish is Fenix.

    Problem solved.

    --
    IANAL but write like a drunk one.
  248. Re:Is this really infringement?? Maybe, maybe not. by Reziac · · Score: 2

    They're the same company NOW. However... all *my* Award BIOSs predate the merger.

    And when I'm doing the buying, I stick to AMI if I have any choice. Fewer bugs, vastly better large HD support.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  249. Name by Proneax · · Score: 1

    Maybe someone already said this but Pegasus would be a cool name, kinda fits too.

  250. Last Post! by alpg · · Score: 1

    Bozo is the Brotherhood of Zips and Others. Bozos are people who band
    together for fun and profit. They have no jobs. Anybody who goes on a
    tour is a Bozo. Why does a Bozo cross the street? Because there's a Bozo
    on the other side. It comes from the phrase vos otros, meaning others.
    They're the huge, fat, middle waist. The archetype is an Irish drunk
    clown with red hair and nose, and pale skin. Fields, William Bendix.
    Everybody tends to drift toward Bozoness. It has Oz in it. They mean
    well. They're straight-looking except they've got inflatable shoes. They
    like their comforts. The Bozos have learned to enjoy their free time,
    which is all the time.
    -- Firesign Theatre, "If Bees Lived Inside Your Head"

    - this post brought to you by the Automated Last Post Generator...