Will Mandrake no longer be Mandrake?

Nic-MDKman · 02-24-2004, 06:42 AM

Quoted from http://www.linux.org/news/2004/02/24/0005.html

Quote:

A French court has ruled against Linux distributor MandrakeSoft in an intellectual-property dispute with United States-based Hearst Holdings and King Features Syndicate.

The decision could force the Paris-based software company to surrender its trademark and domain names and to pay nearly $90,000 (70,000 euros) in damages to the U.S. companies, holders of the rights to the comic strip character Mandrake the Magician. The comic strip marks its 70th anniversary this year.

MandrakeSoft will be allowed to keep using its name and Web site addresses for the time being, while it appeals the Feb. 13 Paris court decision. The company said the appeals process could continue for another three years.

guygriffiths · 02-24-2004, 08:01 AM

Hmm, sounds like crap to me. I find it tricky to believe that Mandrake are in any way infringing on the copyright of Mandrake the Magician just by using the same name. The only possible problem is the logo of the penguin as a wizard. Other than that I can't see any issue with the name - they make a Linux distribution, not in any way a cartoon strip.
Plus, if Mandrake the Magician is celebrating it's 70th anniversary soon, I'm not even sure that the trademark still holds (although I guess it does, otherwise there wouldn't be this whole problem in the first place - perhaps from the film, released more recently than the 1930s?)
I did a Google search on "Mandrake magician" and in the first 8 pages, only 3 were references to Mandrake the Linux Distribution, and that was only because the Magical lot decided to sue them.

Nic-MDKman · 02-24-2004, 08:22 AM

I like how someone left a comment that points out that "mandrake" is really just the name of a root, and "windows" are what buildings have.

If this lawsuit goes through, we should all sue M$ for their trademark on "windows" because we all already have windows in our homes

bigVoice · 02-24-2004, 03:45 PM

The lawsuit is in the very early stages. It will take years before all of this filters through the courts. Mandrake has a statement about it on their site somewhere.

Bloodspiller · 02-24-2004, 03:59 PM

That is total BS. I cant believe people are so lawsuit-happy these days. Mandrake Linux is not related in any way to Mandrake the Magician, except in name. If that's the case, I know a lot of Johns, Joes, and Mikes that should be facing lawsuits.