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Imminent Mandrake Name Change?
An anonymous reader writes "Mandrakesoft has lost a trial
and has been condemned to change its name and its logo"
The article is in French, but it says that King Syndicates owns a trademark on Mandrake the Magician.
Update MandrakeSoft can use the logo during appeals, which may take up to 3 years. You can now read their official statement on the ruling.
Mandrake will have to change name
Was Mandrake, editor French of the distribution Linux eponyme, condemned by the TGI of Paris, to pour 70 000? at the American companies Hearst Holdings and King Fearture Syndicate, owners of the mark "Mandrake the magician", and editor of the comic strip of the same name. These last had carried felt sorry for in France for "diversion of mark". Especially, the court prohibited to the French the use of his name, and presses Mandrake to transfer its domain names towards the two American companies. A judgment which could carry a fatal blow to the French editor, whose goodwill rests only on its distribution eponyme.
For l?heure, Mandrake appealed, suspending the judgement and thus preserving its mark and its domain names.
Let us point out qu?un preceding judgement - bearing on the logo - had ruled in favour of the two American companies. The French had already had to re-examine his copy.
I was expecting someone to post something like this.
Mandrake the distro was indeed based on Mandrake the character. Their earlier logo was a penguin dressed as a magician
Here's my attempt, from several years of long-ago High School French class. No fish were involved in this translation.
Mandrake will have to change its name
Mandrake, French writers of its self-titled Linux distrubtion, has been ordered by the Paris TGI to pay 70,000 Euros to the American companies, Hearst Holdings and King Feature Syndicate, owners of the trademark "Mandrake the Magician", and writers of the [bande dessinee] of the same name. The American companies filed suit in France for "trademark infringement". Now, the court has forbidden the use of the name in French, and is pressuring Mandrake to transfer its domain names to the two American companies. It's an order that could be a fatal blow to the French writers, for whom the foundation of their business rests entirely on their eponymous Linux distribution.
For now, Mandrake has appealed, which suspends the judgement and, for the moment, preserves its trademark and domain names.
Remember that a previous judgement on Mandrake's logo was ruled in favor of the two American companies. The French subsidiary had already had to rework its artwork.
Stressed? Me? Of course not. Stress is what a rubber band feels before it breaks, silly.
I have five minutes right now, so here ya go:
Mandrake has to cahge its name
The TGI of Paris has sentenced Mandrake, the French editor of the Linux distribution of the same name has been to pay 70000 to the American companies Hearst Holdings and King Fearture Syndicate, owners of the brand "Mandrake le magicien" (Mandrake, the Wizard), and editors of the comic by the same name. The latter had brought this to court in France for "detournement de marque" (detouring of mark). The court also interdicted the French the further use of their name and demands Mandrake to hand their names and domains to the two American companies -- verdict which could be a deadly blow to the French company whose business resides solely on the distribution on their distribution "Mandrake"
For the moment, Mandrake has called to the appeals court, thus suspending the judgement, and thus maintaining their brand and their domains.
Let us remember [I love French expressions] that a preceding judgement concerning the logo had been in favor of the American companies. The French already had to review (modify) their copy.
Please do a trademark search next time. Like here. And notice that Mandrake and Mandrake the Magician are both registered. So yeah, at least Mandrake "went to the trouble of Trademarking the name before announcing and using it."
... do your homework before settling on a name. (emphasis mine)
this should be a wake-up call to ANYONE
heh
-- Kircle
Here's a somewhat better cleaned up version from a French student. I'm not a native speaker (or anywhere nearly that good, in spite of all the years I've studied this...) so by all means, if someone understands the implications of some of these idiomatic phrases better than I do (I'm not convinced I understand some of them by any means), have at it.
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Mandrake must change names
Mandrake, the French publisher of a Linux distribution, was sentenced by TGI of Paris to a 70,000 Euro fine at the request of the American companies, Hearst Holdings and King Features Syndicate, the owners of the trademark "Mandrake the magician" and publishers of the comic of the same name. The companies had sued for "trademark dilution." The court has prohibited the French use of the name, and ordered Mandrake to transfer its domain names to the two American companies. This judgement could be a fatal blow for the French publisher, whose goodwill is tied to its distribution network. For the time being, Mandrake has appealed to suspend the judgement and thus preserve its mark and domain names. A previous judgement - concerning their logo - had already been ruled in favor of the two American companies. It is also being appealed.
From Wikipedia, the free encyclopedia.
Mandrake is the common name for the plant Mandragora, whose roots, because their curious bifurcation cause them to have a semblance to the human figure (male & female), have long been used in witchcraft. It is alleged by adherents of the dark arts that when the plant is pulled from the ground, it shrieks in pain. Supposedly, this shriek is able to kill or deafen an unprotected human; the occult literature includes complex directions for harvesting a mandrake root in relative safety.
The Mandrake is a member of the Solanaceae (or Nightshade) family.
Other uses of this term include:
* Mandrake Linux
* Mandragoras, familiar demons (mandrakes)
* Mandrake, a comedic play written by Niccolo Machiavelli in 1518
* Leon Mandrake, magician (1911 - 1993)
* Mandrake the Magician, comic strip character
* Mandrake (publishers)
Actually when he got to earth he decided to use the name Ford Prefect because he saw it on so many cars and thought it would be inconspicuous. The Prefect was the name of a Ford model that was marketed in the UK at the time.
Of those to whom much is given, much is required.
Here's a link to a site (in english) with a very very brief overview of the issue and images of the 3 different mandrakes: Mandrake issued cease and desist
So, no, they won't have to give up their domain names just yet... :-)
Mandrake, the word, has extremely old associations with "magic". Witches back a few hundred years ago claimed that mandrake root could cure various illnesses (blindness, disease). So, basically, we have a cartoon that is using a word already associated with magic for a magician's name, as well as for a linux distribution. Unless there's /proof/ that MandrakeSoft got the name from Mandrake the Magician and /not/ from mandrake root, then I don't see why they should have to change.
From PoTO:
"General information: The roots of Mandrake resemble the human form. Many Witchs' traditions collected round the Mandrake root. As an amulet, it is placed on a mantelpiece to avert misfortune and to bring prosperity and happiness to the house. In Henry VIII's time, little images made from the roots, cut into the figure of a man, with grains of millet inserted into the face as eyes, fetched high prices. They were known as puppettes or mammettes, and were accredited with magical powers. Italian ladies were known to pay high prices for similar amulets of Mandrake.
Women who want to conceive, and men seeking to cure impotency carry the root. Where there is mandrake, demons cannot reside, and so the root is used in exorcism.
Use of minute prepared portions can enhance psychic awareness & abilities, and in magickal spells mandrake is used to increase sexual desire. "