Slashdot Mirror
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.
Seems to be all the rage lately.
Lothar: "Damn! Mandrake(c), that's as amazing as when Asterix kicked Mobilix in the ass!"
Narda: "Oh, Mandrake(c), take me now!"
A feeling of having made the same mistake before: Deja Foobar
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.
Creepy stuff, hope MS doesn't make me change my name from Bob to Blob
Man-----?
"If you think you have things under control, you're not going fast enough." --Mario Andretti
this is getting ridiculous! I don't really love the name Firefox, but at least Mozilla went to the trouble of Trademarking the name before announcing and using it. this should be a wake-up call to ANYONE starting a company or software project; do your homework before settling on a name.
CB
free ipod and free gmail!
Ok, who the heck is Mandrake the magician? Has anyone even heard of him? Enlighten me someone please!
Oh, and please please please don't let "Mandrake" change name to "Man--"....
And my office buddy heard it.
Me: *shakes head* Mumbles to himself, "France is making Mandrake change it's name, some trademark infringement."
Buddy: "France? Screw France. Tell'em they should rename it 'france'."
There ya go, francesoft. Fitting. I doubt he knows it's a product of frenchies.
Before I part with'em: two pennies weigh ~4.996+/-0.014g, have a zinc core, and the face of Lincoln. You can keep 'em.
I thought copyrights usually only worked if the two items were in the same field. How is anyone going to get Mandrake Linux confused with some crappy comic strip magician?
So, do they also own the trademark on mandrake, the plant? Why can't Mandrake-the-Linux-company claim that they're named after the root long thought of as magical by certain cultures?
Dewey, what part of this looks like authorities should be involved?
"Newsflash! In order to prevent copyright issues, Mandrake has now changed name to M--- (pronounced "MASH")"
I read some when I was young, Mandrakesoft should not take the name Lotharsoft :)
"Science will win because it works." - Stephen Hawking
Does Mandrakesoft's logo (a flying star) have anything to do with this magician guy?
Announcing Firebird Linux.
If anything, that should be modded up as funny.
Why dont they just do what Prince did and just use a random symbol and get everyone to wonder how they'll pronounce it only to fall back to the original name anyway (i.e. software formerly known as drake).
How about 'mandragora' as a replacement for 'mandrake'? According to dictionary.com, mandragora is the Old English version of mandrake. A Google search for "Mandragora the Magician" returned no hits, so it should be safe.
I want to drag this out as long as possible. Bring me my protractor.
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.
They are a funny people. This would never have happened in the good old US of A. Oh, wait...
====
Crudely Drawn Games
Other suggestions: Find someone with a surname of Houdini to endorse the project...
This issue is a bit more complicated than you think.
well, dear lameness filter, i hvae nothing more to say. let me through already.
Mandrake is a generic word like Windows. It is a kind of plant.
PersonDrake still contains the male-only reference to Duck. Therefore, change it to:
PersonDuck
Don't blame Durga. I voted for Centauri.
Mandrake, Lindows... Both for profit corporations, both trying to make money.
Why not a little investment in a trademark/copyright search before they pick a name?
I mean, is this a "we're too cheap" or a "we dont believe in IP! down with the man!" issue?
We recently named a new product where I work. We rejected the first name we chose after a trademark search turned something else up.
Or do they just set up a situation where this will happen, so they can cry "boo hoo hoo look at these evil corporate bastards?"
MSFT/King Features don't have a choice, really, they have to defend their trademarks, else lose them.
I don't need no instructions to know how to rock!!!!
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.
The appeal and all can last another 4 uears.
So they arent in a hurry to change the domain and all.
They also appeal the "too high" fine since they showed their goodwill when they made substantial changes in order to make sure that no confusion can arise from the 2 marks.
mandrake ( P ) Pronunciation Key (mndrk)
n.
Granted I know nothing of copyright law in France: but wouldn't this case also be related to that old decision between Apple Computer and Apple Record Company? Two separate buisinesses could both hold the same trademark in different arenas. Also it involves trademarking a common word such as the current lawsuit between Microsoft and Lindows.
All in all it seems like a pretty stupid decision by the Court.
"He is no fool who gives what he cannot keep in order to gain what he cannot lose."
The primary enemy of Linux at this point is not SCO.
It is cartoon characters.
Hey, you know, now that I think about it, Elmer Fudd did always wear a red hat...
General Jack D. Ripper: Mandrake, do you realize that in addition to fluoridating water, why there are studies underway to fluoridate salt, flour, fruit juices, soup, sugar, milk... ice cream. Ice cream, Mandrake, children's ice cream.
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.
========
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.
Based on a reading of the article, maybe Mandrake is only going to have to transfer domain name(s). Like Mandrake.com, and not rename the company altogether. The article is kinda sparse on those kind of details.
More importantly, why is the name Mandrake, originally applied to a plant, trademarkable? That'd be like saying I can't name a distro "Willow" because there's a movie called "Willow." Or maybe I just have no idea what trademarks are all about (I'll admit I'm pretty ignorant about such things).
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)
Rename the distro to dleob043mv0934984mswkjy498x98c79s432kj43h987ckjhdf , and never worry about a name change again. ;)
That should fix the problem.
People who disagree with you are not automatically evil, greedy, or stupid.
They name it Nightshade? Mandrake is part of the family of nightshade plants, so that would not only seem appropraite but a promotion.
There's a growing sense that even if The Future comes,
most of us won't be able to afford it.
-- Lemmy
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
Although, I should warn you, I just patented the procedure of resolving copyright issues by changing the suffix of a product to "fox".
But I found a working link to a Mandrake character: Mandrake the Magician. Dating from 1934 (!).
Mandark, but that's probably trademarked too.
LongTail SSH Brute Force analysis tool is here!
Mandrake the Penguin
There's no denying that the original inspiration for the name, the design of the Mandrake Linux mascot was derived from the old comics character. But Mandrakesoft has steered away from that lately, and I'd think that if they dropped any remaining references to magic in their marketing (including the star symbol), and argued the genericness of "mandrake" apart from those references, they should (by any reasonable standard) be allowed to continue using the "Mandrake" name.
http://alternatives.rzero.com/
After some outfit called HiMandrake, who claims to represent Mandrake, made me take down my eBay auctions for Mandrake CDs for trademark violations and supposedly violating the GPL (??????) I find this rather sweet.
It was high time somebody sued the Linux distributor. I am an avid fan of Mandrake the magician comics (King features). And since the death of Lee Falk (the author), its become a very rare thing to find. There aren't many websites on information about Mandrake (the magician). And whenever I tried googling for it, I found 100s of irrelevant links leading to information about the Linux OS! Similarly, whenever I search for another of King character (by Lee Falk), Phantom; I get loads of junk on Phantom of the Opera and other irrelevant stuff......Gawd!! Let us fans have some peace, how would you feel if Microsoft introduces a new OS named "Lord of the Rings" or "Spiderman"?? THe first 25-30 pages of google search will reveal only BS! Thanks to King comics for protecting the great work by someone as great as Lee Falk.
Sounds similar and for an added bonus the logo can be a duck baring it's arse in the direction of a magician.
Boffoonery - downloadable Comedy Benefit for Bletchley Park
What happened to the whole thing about Trademarks not infringing across different markets.. A Comic Strip and a Software Company are significantly different markets.. Now if mandrakesoft were to start making a mandrake linux comic strip then the "mandrake the magician" would have something to complain about..
Mandrake, French publisher of the Linux distribution of the same name, was ordered by the Commercial Court of Paris to pay euro 70,000 to US companies Hearst Holdings and King Feature Syndicate, owners of the trademark "Mandrake the Magician" and editors of the comic strip of the same name.
These companies filed suit in France for "brand dilution". The commercial court forbade the French company the use of its name and pressed Mandrake to transfer their domain names to the US companies. This judgement could prove to be a fatal blow for the French distributor, as its commercial income is earned solely from the distribution of the same name.
Mandrake immediately filed an appeal causing the judgement to be suspended and allowing it to continue use of the brand and domain names.
A previous court decision concerning the logo also ruled in favour of the two US companies. As a result the French company had to revise its logo.
Goatse Linux - Filling the biggest holes in your operation
Schlafly Linux - We never go down
Jackson Linux - Great for Kids
Vaigara Linux - Uptimes Like You Have Never Seen
There is a company named Microsoft, wich is perfectly fine for me, producing a whole range of straight named apps such as
- Windows
- Outlook
- Word
- Explorer
- and so on...
but if you pick an uncommon, creative name such as Phoenix, Mandrake, or Lindows (yeah, it's not original but it's more of a brandname than a plain word as Windows) you get sued all over the place. What is wrong here? Maybe one should simply name products the easy way:
- Desk (a GUI)
- Play (a Musicplayer for Linux)
- Surf (A Webbrowser)
- Paint (A graphical....DuH!)
cu,
Lispy
See Mandrake This is like United Syndicates suing Planters for use of the name "Peanuts"!
"Freedom means freedom for everybody" -- Dick Cheney
...perhaps they should change it to FireDrake?
Seen any BadMarketing lately?
God, you furries just don't give up!
What's it gonna be this week? :)
cLive ;-)
-- Trinity in high heels carrying a whip: The donimatrix - there is no spoonerism
The cases aren't really the same though. Mandrake (the distro) has traded using symbols etc that could relate to Mandrake the magician and magic generally. While comics and software are two different areas there is (and especially was) a common theme used in the branding of both Mandrakes. Similarly if I were to write a comic where the superhero could clone things I don't think I'd get away with calling the comic "Xerox" as my character would clearly be trading off Xerox's reputation in copying.
A slightly different case in Australia surrounds the Harry Potter name as used on clothing in Australia. Time Warner lost that one in part because the clothing brand name came first and also because people wouldn't percieve there to be a link between the clothing range and the Harry Potter character.
Boffoonery - downloadable Comedy Benefit for Bletchley Park
Hey Mandrake guys,
Watch out!
I don't know no Paris talk, but you gotta watch out for King Features so they don't get you by the pate de foie gras again.
In particular, avoid the following King Features names when branding:
Anything 3G, Baby Blues, Barney Google, Snuffy Smith, Beetle Bailey, Betty Boop, Bizarro, Blondie, Buckles, CowParade, Curtis, Dennis the Menace, Flash Gordon, Funky Winkerbean, Hagar the Horrible, Hazel, Henry, Judge Parker, Katzenjammer Kids, Mallard Fillmore, Mark Trail, Marvin, Mary Worth, Moose, Molly, Mother Goose, The Phantom, Popeye, Prince Valiant, Redeye, Rex Morgan, Sally Forth, Sam, Silo, Sherman, Slylock Fox, Spiderman, Steve Roper, Mike Nomad, Tiger, Trudy, Tumbleweeds, Zippy, Zits.
Merci beaucoup.