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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."
And there was me thinking you couldn't trademark actual words. Ignorant or what.
I'm sure the browser has many more users than BIOS, since I've NEVER seen a computer with Phoenix bios.
"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.
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.
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.
...Browzilla
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.
..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.
You're bound to be unhappy if you optimize everything. --Donald Knuth
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.
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?
> 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.
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
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.
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"?
...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.