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Mandriva Businesses

Imminent Mandrake Name Change? 526

Posted by CmdrTaco from the geoff-will-be-so-happy dept.
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.
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Imminent Mandrake Name Change? More

Imminent Mandrake Name Change?

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  • Mandash? (Score:5, Funny)

    by Anonymous Coward on Thursday February 19, 2004 @02:19PM (#8329910)
    Seems to be all the rage [slashdot.org]lately.

  • Remember Mobilix? (Score:5, Funny)

    by ackthpt ( 218170 ) * on Thursday February 19, 2004 @02:19PM (#8329911) Homepage Journal
    Mandrake gestures hypnotically and the world believes the name of a plant, claimed to have medicinal properties, belongs to a cartoon construct, which ceased to be popular in the 80's, and therefore restricts the use of the name from any other use, cartoon related or not.

    Lothar: "Damn! Mandrake(c), that's as amazing as when Asterix kicked Mobilix in the ass! [slashdot.org]"

    Narda: "Oh, Mandrake(c), take me now!"

    • Re:Remember Mobilix? (Score:5, Informative)

      by eggstasy ( 458692 ) on Thursday February 19, 2004 @02:23PM (#8330005) Journal
      I was expecting someone to post something like this.
      Mandrake the distro was indeed based on Mandrake the character. Their earlier logo [geocities.com] was a penguin dressed as a magician

      • Re:Remember Mobilix? (Score:5, Insightful)

        by Anonymous Coward on Thursday February 19, 2004 @02:31PM (#8330199)
        Does it really matter?

        A cartoon is not competing in the same field of business as an operating system. You typically own the trademark of a name (what does copyright have to do with this anyway?) for a specific field of business.

        For instance, Ford would be automative-related, but they couldn't sue over the name "Ford Prefect" being used in a science-fiction book that has nothign to do with the automotive industry.

        • Re:Remember Mobilix? (Score:5, Informative)

          by sniggly ( 216454 ) on Thursday February 19, 2004 @02:45PM (#8330441) Journal
          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.

        • Re:Remember Mobilix? (Score:4, Informative)

          by The Evil Couch ( 621105 ) on Thursday February 19, 2004 @02:46PM (#8330462) Homepage
          Actually, Ford Prefect was the name of a car made by Ford. The joke was that he had picked a name to blend in with the the dominant lifeform on Earth.

          But, you're right, the charcter's name did nothing to devalue their trademark, just like a modern operating system does nothing to devalue a 70 year old comic strip character.

          • Re: (Score:3, Insightful)

            by account_deleted ( 4530225 )
            Comment removed based on user account deletion

          • Devalue or Dilute (Score:3, Informative)

            by Chuck Chunder ( 21021 )
            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

      • Not sure which one you meant... (Score:4, Informative)

        by Azureflare ( 645778 ) on Thursday February 19, 2004 @02:53PM (#8330551)
        But I found a working link to a Mandrake character: Mandrake the Magician [kingfeatures.com]. Dating from 1934 (!).

    • We are steadily reaching the clear conclusion (Score:4, Funny)

      by Anonymous Coward on Thursday February 19, 2004 @02:34PM (#8330247)
      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 [toonopedia.com]...

      • Re:We are steadily reaching the clear conclusion (Score:5, Funny)

        by ackthpt ( 218170 ) * on Thursday February 19, 2004 @02:41PM (#8330371) Homepage Journal
        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...

        That's nothing. Imagine the mixed feelings some of us would have if this guy [berkeleybreathed.com] and Washington Post Writers Group sued Linux distros and Linus over the penguin. Or the estate of Charles M. Schulz sued over the name 'Linus' and confusion with 'Linux'. Yeah, SCO is going down, but these cartoon characters are represent a serious threat.

        "Where's the Kaboom? There's supposed to be an earthshattering Kaboom!"

  • Google translation (Score:4, Informative)

    by Anonymous Coward on Thursday February 19, 2004 @02:19PM (#8329913)
    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.

    • Mod it (Score:2, Offtopic)

      by paranode ( 671698 )
      If anything, that should be modded up as funny.

    • Re:Google translation (Score:5, Funny)

      by nomadic ( 141991 ) <nomadicworld.gmail@com> on Thursday February 19, 2004 @02:27PM (#8330103) Homepage
      And here's the same passage translated by google from French to German to English to Italian to English:

      Mandrake must for the change of name of Mandrake, is the French publisher of the distribution of Linux of eponyme pouring itself condemned from the TGI from Paris, 70.000? in the societies Hearst Americans to obtain the thing and owner of the king Fearture Syndicate of the indication "Mandrake magicien" and Herausgeberin of the pulled volume of the same name. These the posterior one had transported the claim in France for "the indication exclusion". Especially the court pribisce to the use of the relative name to the French and presses Mandrake that transfers the relati to you names of zone towards the two societies Americans. A judgment, in a position to transporting a mortal blow them to the French publisher, the relative good will on the relative distribution of eponyme is only based. For the l?heure Mandrake it has made the appointment, that it suspends the judgment and that therefore the relative indication maintains and relative to the zone names. Memories to on qu?un that the judgment preceding - that interests the brand - determines for the two societies Americans. The French has already had to still examine the relative copy.

    • Manual translation (Score:5, Informative)

      by Bananenrepublik ( 49759 ) on Thursday February 19, 2004 @02:31PM (#8330194)
      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.

      • Mandrake has to change its name

        The TGI of Paris has sentenced Mandrake, the French publisher of the Linux distribution of the same name, to pay &euro70,000 to the American companies Hearst Holdings and King Feature Syndicate, owners of the trademark "Mandrake le magicien" and publishers of the comic of the same name. The latter had brought this to court in France for trademark dilution. The court also forbade the French company to continue using its name and demanded that Mandrake transfer its domain n

  • Bob (Score:5, Funny)

    by b0bben ( 716289 ) on Thursday February 19, 2004 @02:19PM (#8329918)
    Creepy stuff, hope MS doesn't make me change my name from Bob to Blob

    • Re:Bob (Score:5, Funny)

      by Dogtanian ( 588974 ) on Thursday February 19, 2004 @02:33PM (#8330222) Homepage
      Creepy stuff, hope MS doesn't make me change my name from Bob to Blob

      I find myself in the same position- my real name is Clippy.

      On the other hand, I've been considering changing it anyway- the trouble caused by my namesake is too much. You wouldn't believe what I've been getting through the post- really sick stuff. Death threats... you know, little paper clips straightened out or even snapped in half.

    • Re:Bob (Score:3, Funny)

      by theMerovingian ( 722983 )
      Mr b0bben,

      I regret to inform you that Blob is a restricted word that has been trademarked and patented by my clients.

      Please also note that use of the terms Clob, Binary_Integer, Bfile, and Varchar would also incur penalties.

      Sincerely,
      Oracle Legal Team

  • new name (Score:5, Funny)

    by theMerovingian ( 722983 ) on Thursday February 19, 2004 @02:19PM (#8329921) Journal
    Man-----?

  • come on! (Score:5, Insightful)

    by Chuck Bucket ( 142633 ) on Thursday February 19, 2004 @02:19PM (#8329923) Homepage Journal
    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

    • Re:come on! (Score:5, Insightful)

      by Hittite Creosote ( 535397 ) on Thursday February 19, 2004 @02:25PM (#8330053)
      do your homework before settling on a name

      Uh... from my apalling understanding of French and the not much better automatic translators, I get the distinct impression this isn't another software company claiming the name. This is a cartoon strip. And it appears the owners of the copyright are claiming complete and exclusive use of the name of a plant, which has been used for centuries.

      • Re:come on! (Score:4, Insightful)

        by dameron ( 307970 ) on Thursday February 19, 2004 @02:56PM (#8330600)
        And it appears the owners of the copyright are claiming complete and exclusive use of the name of a plant, which has been used for centuries.

        And it's plant that has a long "magical" (actually occult) tradition in many parts of the world because it tends to grow in the shape of a man. History of mandrake root. [preker.co.il] Their claim to the word "mandrake" as it relates to magic is wrong. If they're arguing that the association of the word "mandrake" with a cartoon penguin dressed up as a magician violates their trademark on their cartoon magician they may have a slightly better point.

        -dameron

    • Re:come on! (Score:5, Insightful)

      by Anonymous Coward on Thursday February 19, 2004 @02:27PM (#8330099)
      Yeah, anyone starting a software project online better run trademark searches in all 200+ countries because one of them might have some little company just waiting to sue you.

      While you're at it, better make sure that you check all the trademarks for all the products, in case you run into someone in some IP-backwater country who hasn't been brought into the modern age of realistic trademark protection (ie, based on product confusion). Really, who is going to confuse Mandrake the Linux Distribution with Mandrake the Magician?

      Next thing you know, Linux will be forced to change its name because someone's great, great, great grandfather in Lubineria trademarked "linux" as a brand of horseshoe and there trademarks never expire.

      • Re:come on! (Score:5, Funny)

        by _xeno_ ( 155264 ) on Thursday February 19, 2004 @03:01PM (#8330690) Homepage Journal
        Except that Mandrake Linux is a rather blatant rip-off of the Mandrake the Magician cartoon.

        Look at their current logo. (The topic icon [slashdot.org].) Notice the little "magic" star and spark thingy. Notice a theme? Magic, maybe?

        Take a look at their old logo [wanadoo.fr]. Compare with this image of Mandrake the Magician [jackleach.com]. Notice any similarities? Other than the penguin, it's basically the same thing - including the cape and wand! Although Mandrake the Magician doesn't have a big ugly star, and the cape is blue and not red.

        It seems quite clear that Mandrake Linux intended to rip off Mandrake the Magician's look and name. It seems very clear to me that Mandrake Linux is in the wrong and will need to change their name. It's obvious they knew about Mandrake the Magician - they copied him for their original logo!

        • Re:come on! (Score:5, Informative)

          by Hadean ( 32319 ) <hadean.dragon+sl ... minus herbivore> on Thursday February 19, 2004 @04:56PM (#8332562)
          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 [poto.com]:

          "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. "

        • Re:come on! (Score:3, Interesting)

          by asr_man ( 620632 )

          This would be great satire if it weren't true: [a42.com]

          Posted by nlinecomputers on 19 February, 2004 - 15:35.

          This logo

          http://www.amstelveenweb.com/mandrake.jpg

          is what is got them in trouble. It is Mandrake's first logo that when this lawsuit started they dropped.

          When Mandrake was first started they DID try to base their logo on the Mandrake the magician character. This is not a coincidence. They chose to emulate it.[my emphasis] Amateur mistake that will cost the company big bucks. You can't do that anymor

      • Re:come on! (Score:3, Interesting)

        by Thomas Miconi ( 85282 )
        "Mandrake" doesn't mean anything in French. The French name of that plant is mandragore (yes, it sounds even more mysterious :-)

        Mandrake the Magician, however, is probably known by anyone aged 25 or over. His stories used to run in the "Journal de Mickey" [wanadoo.fr], which as you can guess is the prominent Disney publication here (70 years and counting !).

        I can remember whole Mandrake stories. Hey, did you know that Hojo (the Asian cook) was really Inter-Intel's boss ? :-)

        Yes, they took the name from the character.

    • Re:come on! (Score:5, Interesting)

      by automaticlarynx ( 747144 ) on Thursday February 19, 2004 @02:30PM (#8330163) Homepage
      Bringing up Mozilla is interesting. It's a great error that Mandrake can lose a lawsuit over naming themselves after a plant because of a totally unrelated cartoon character that nobody cares about anymore which just happens to be named after the same plant, but Mozilla is powerless to do anything about the computer application "Popzilla" which is clearly trying to capitalize on Mozilla's success by creating confusion in the marketplace.

    • Re:come on! (Score:5, Informative)

      by Kircle ( 564389 ) on Thursday February 19, 2004 @02:35PM (#8330262)
      Please do a trademark search next time. Like here [patent.gov.uk]. 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."

      this should be a wake-up call to ANYONE ... do your homework before settling on a name. (emphasis mine)

      heh

    • Re:come on! (Score:5, Funny)

      by shut_up_man ( 450725 ) on Thursday February 19, 2004 @02:36PM (#8330272) Homepage
      My next project will be named "Jprogjorjfwwfffffffwweewer33111l", just to be safe. It's an open source calendaring app.

    • Wikipedia about mandrake (Score:5, Informative)

      by Elektroschock ( 659467 ) on Thursday February 19, 2004 @02:38PM (#8330318)
      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)

    • Re:come on! (Score:3, Interesting)

      by Xzzy ( 111297 )
      I think it just lends support to the recursive-acronym method of naming projects. ;)

      If they'd called themseves GAM (GAM ain't Mandrake) would they be having this problem? Or MIN (Mozilla is MIN)? Yeah I didn't think so.
  • I'm sure that we've all seen this coming:

    Mand---- Linux ?

    *sigh*

  • Mandash? Man-----? Manduck? Mundane? How about 'Muckrake'?

  • Name it after another magician. Those Tolkien estate guys don't bother anyone about anything.
  • I hope Mandrakesoft doesn't claim the name change as a hocus-pokus/presto-chango operation, or they might be in more trouble.
  • 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--"....
    • comic book character?

      mandrake the magician [biglittlebooks.com]

      Mandrake was created by Lee Falk. Falk's career began in advertising. He then moved to radio. His interest in magic led him to create a character who would solve crimes and mysteries through the use of reason and magic. King Feature Syndicate bought the idea and Mandrake debuted on June 11, 1934. A Sunday feature began in February of 1935. Phil Davis' artwork was appropriate for the fantasy and mystical adventures in which Mandrake and his giant bodyguard, Loth
  • That Mandrake!

    Didn't he have a Flamingo for a mascot, or somesuch nonsense?

    If the Green Hornet didn't have a mask, or a karate-master manservant, anda decent 'sixties TV series, I bet he'd be as forgettable as Mandrake!

  • I thought this one out aloud (Score:5, Funny)

    by iamcadaver ( 104579 ) on Thursday February 19, 2004 @02:22PM (#8329983)
    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.
  • Mandrow
    Mandnix
    Manix
    Unidrake
    Mandow
    Windrak e
    Womandrake

  • Magician or software (Score:3, Interesting)

    by KaSkA101 ( 692931 ) on Thursday February 19, 2004 @02:23PM (#8330009) Homepage
    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?

  • Not the only use of that word (Score:5, Insightful)

    by Just Some Guy ( 3352 ) <kirk+slashdot@strauser.com> on Thursday February 19, 2004 @02:23PM (#8330010) Homepage Journal
    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?

  • M--- (Score:3, Funny)

    by samcentral2000 ( 753077 ) on Thursday February 19, 2004 @02:24PM (#8330016)
    "Newsflash! In order to prevent copyright issues, Mandrake has now changed name to M--- (pronounced "MASH")"

  • I remember Mandrake... (Score:3, Funny)

    by Frederic54 ( 3788 ) on Thursday February 19, 2004 @02:24PM (#8330021) Journal
    I read some when I was young, Mandrakesoft should not take the name Lotharsoft :)
  • I tried using babelfish to translate the page, and IT DID IT. I'm still in shock. I mean, it was comprehensible, if grammatically atrocious.

    Have they improved the translation algorithms? If so, why don't the slashdot editors link to it in the stories anymore? Considering how often they did it I assumed they were getting paid to push babelfish, did that arrangement end?

  • Curious (Score:2, Interesting)

    by Lobo_Louie ( 545789 )
    Does Mandrakesoft's logo (a flying star) have anything to do with this magician guy?
  • Translated(English) version can be found here [altavista.com].

  • A no brainer... (Score:5, Funny)

    by Yoda2 ( 522522 ) on Thursday February 19, 2004 @02:24PM (#8330039)
    Announcing Firebird Linux.

  • Mandragora? (Score:5, Interesting)

    by sczimme ( 603413 ) on Thursday February 19, 2004 @02:26PM (#8330078)

    How about 'mandragora' as a replacement for 'mandrake'? According to dictionary.com [reference.com], mandragora is the Old English version of mandrake. A Google search for "Mandragora the Magician" returned no hits, so it should be safe.

  • My human translation (Score:5, Informative)

    by RobertB-DC ( 622190 ) * on Thursday February 19, 2004 @02:26PM (#8330090) Homepage Journal
    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.
    • 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.

    • Re:My human translation (Score:3, Informative)

      by shinma ( 106792 )
      "bande dessinee" means "comic strip."

  • Oh, the french... (Score:5, Funny)

    by Valar ( 167606 ) on Thursday February 19, 2004 @02:27PM (#8330100)
    They are a funny people. This would never have happened in the good old US of A. Oh, wait...

  • M&rake (Score:5, Funny)

    by NotQuiteReal ( 608241 ) on Thursday February 19, 2004 @02:27PM (#8330106) Journal
    M&rake is much better than inserting dashes, and you can still pronounce it the same way!

    Other suggestions: Find someone with a surname of Houdini to endorse the project...

  • It's ridiculous. (Score:3, Insightful)

    by stratjakt ( 596332 ) on Thursday February 19, 2004 @02:31PM (#8330191) Journal
    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.

  • Interesting (Score:5, Insightful)

    by DoubleD ( 29726 ) on Thursday February 19, 2004 @02:32PM (#8330218)
    Dictionary.com definition [reference.com]

    mandrake ( P ) Pronunciation Key (mndrk)
    n.
    1. A southern European plant (Mandragora officinarum) having greenish-yellow flowers and a branched root. This plant was once believed to have magical powers because its root resembles the human body.
    2. The root of this plant, which contains the poisonous alkaloid hyoscyamine. Also called mandragora.


    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.

  • Time for the mandatory Mandrake reference (Score:3, Funny)

    by e2d2 ( 115622 ) on Thursday February 19, 2004 @02:35PM (#8330259)
    General Jack D. Ripper: [links.net] 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.

  • Change the logo to a duck (Score:3, Funny)

    by daves ( 23318 ) on Thursday February 19, 2004 @02:42PM (#8330392) Journal
    That should fix the problem.

  • Then how about (Score:5, Insightful)

    by Bendebecker ( 633126 ) on Thursday February 19, 2004 @02:44PM (#8330427) Journal
    They name it Nightshade? Mandrake is part of the family of nightshade plants, so that would not only seem appropraite but a promotion.
  • Mandark [google.com], but that's probably trademarked too.

  • Separated at Birth? (Score:3, Informative)

    by tverbeek ( 457094 ) on Thursday February 19, 2004 @03:05PM (#8330759) Homepage
    Mandrake the Magician [deepwoods.org]

    Mandrake the Penguin [wanadoo.fr]

    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.

  • Moondrake (Score:3, Funny)

    by Chuck Chunder ( 21021 ) on Thursday February 19, 2004 @03:23PM (#8331073) Journal
    Sounds similar and for an added bonus the logo can be a duck baring it's arse in the direction of a magician.

  • They are DIFFERENT MARKETS!! (Score:3, Interesting)

    by EMR ( 13768 ) on Thursday February 19, 2004 @03:27PM (#8331142)
    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..

  • Possible New Names for Mandrake (Score:3, Funny)

    by mehaiku ( 754091 ) on Thursday February 19, 2004 @04:05PM (#8331783) Homepage

    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

  • Ok, explain this to me... (Score:5, Insightful)

    by Lispy ( 136512 ) on Thursday February 19, 2004 @04:13PM (#8331917) Homepage
    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

  • Mandrake is a plant name! (Score:3, Interesting)

    by El ( 94934 ) on Thursday February 19, 2004 @04:16PM (#8331968)
    See Mandrake [botanical.com] This is like United Syndicates suing Planters for use of the name "Peanuts"!

  • Name Suggestion... (Score:3, Funny)

    by rkischuk ( 463111 ) on Thursday February 19, 2004 @04:17PM (#8332004)
    ...perhaps they should change it to FireDrake?

  • Manfox or Firedrake? (Score:5, Funny)

    by cliveholloway ( 132299 ) on Thursday February 19, 2004 @05:13PM (#8332778) Homepage Journal

    What's it gonna be this week? :)

    cLive ;-)

  • Hey Mandrake Guys! Watch Out! (Score:3, Informative)

    by rixstep ( 611236 ) on Thursday February 19, 2004 @06:56PM (#8333990) Homepage
    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 [kingfeatures.com] 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.

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