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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."

17 of 540 comments (clear)

  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 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.

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    3. 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.

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    4. 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?

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  2. 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. 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. :-)

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  4. 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.

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  5. 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 ...)

  6. 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.

  7. Re:Cast your votes by nizo · · Score: 3, Interesting
    Personally I would go for "Feenicks"


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

  8. 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.

  9. 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.

  10. 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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  11. 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...