> 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:))
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.
> 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.
Re:Yeah well...in this case, I think it's reasonab
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Phoenix To Change Name
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· 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)
> 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.
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.
> 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.
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.
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.
> 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).
This sounds like a strong case of infingement to me against the Phoenix (as in, Phoenix, the gecko based browser) developers.
Re:Congratulations, Phoenix. I'll never buy again.
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Phoenix To Change Name
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· 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).
Slashdot Mirror
quake3, rtcw, civ:ctp, tribes2, alpha centauri, rt2, simcity3000. with wine(x), the sims, diablo2, sof2, halflife/cs,
:o
baldur's gate 2, alice, gta3, wc3.
And I'm just listing games that I regularily play, although I'm mainly a q3 junkie
Or it'll be removed (like the Motif one was)
getter a better goatse, kthx.
-2: Asshat
> 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
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.
The company owns the Phoenix trademark, and there is a similarity between the products. This would be held up by any US court.
> 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.
But Phoenix (the company) also sells browsers.
Yes, in fact, Phoenix has sold that for a number of years.
Phoenix has sold that for a number of years.
> 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)
> 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.
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.
> 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.
> 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.
> 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.
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.
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.
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
> 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).
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.
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.
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).
> 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?