Not one to buck the trend, Mandrakesoft have been fined €70,000 and told to change its name by a French court after a case brought by King Feature Syndicate of America, who own the trademark of “Mandrake the Magician” There have been no clues yet to what they’ll change their name to, but for those who can read French, there’s an article by the french IT news site Le Monde Informatique here. Update: MandrakeSoft has a suspensive appeal that could last 3
years, at least, and until a new trial they can keep their rights and domain names.
Mandrake Fined and Forced to Change Name
About The Author
Eugenia Loli
Ex-programmer, ex-editor in chief at OSNews.com, now a visual artist/filmmaker.
Follow me on Twitter @EugeniaLoli
Please don’t tell me the new name will be “Man—– (Mandash)!”
Le Bling
Wow, this name perversion catastrophe is really going too far… Someone’s really trying to upset the linux distro makers.
Mandrake is a perfectly common, generic name. Perhaps King Feature Syndicate should go after herbalists next.
The French court in question must be [collectively] mad.
Why to change the logo too?
Baguettux
“Mandrake Linux”, “Mandrake Soft”… somehow I think that a copyright on “Mandrake the Magician” should have nothing to do with this. That is just rediculous. I have to agree Mandrake is a widely used name also.
*rolls eyes* people do anything for fines
Maybe lawmakers don’t get it. First, Windows is decidedly not generic, and now Mandrake?? How many dozens of companies probably use the name “Mandrake”?
I’d like to see what the situation is like in other markets. I’m sure this isn’t limited in any way to the tech industry.
If there were a band out there, as I’m sure there are many, by the name “Mandrake”, would these people be sued for 70k Euro as well? What about a coat company? How in the world is MandrakeSoft impeding on this Mandrake the Magician guy?
Seperately, I can see how their logo, which insinuates magic, might impede. This, however, is not the same as the name. Does this Magician guy fix computers? Is that why he’s so fscking magical?
Many people are confused as to why Mandrake was sued, so I’ve put up http://www.a42.com/node/view/118“>an so everyone can understand.
Man, what the hell? As if Mandrake was not already having enough problems. Dunno people, the world has definately gone nuts…. *sigh*
MandrakeLinux used a magician hat in its logo and that is blatant trademark piggybacking.
I suggest they rename themselves Mandark Linux!
If they’d used an actual mandrake in their logo then they might have had a better chance of winning.
Naming constest. Whoever’s name they pick gets a free boxed set. Might as well turn it into a PR thing.
Mandrake is a herbal root. I assumed that Mandrake the Magician got his name because of the connection of the root with the occult. I’m totally unconfused between the root, the cartoon, and the distro. Maybe should name the distro to Mouse or Duck and give Disney a whack at trademark infringement.
FYI : this news has to be updated, Eugenia : there is a suspensive appeal, and appeal could last 3 years at least.
“…an article with pictures so everyone can understand.”
Are you serious? Do you honestly think that anyone could possibly confuse this sofware company with some stupid-ass comic (that no-one has ever heard of)? Get real.
The French court is obvously “mad.” This is rediculous.
Apple records, Apple computers
Mandrake did use a top hat and wand in some of its artwork. And HardDrake used to be called Lothar (Mandrake the Magicians sidekick in the comics).
I think something is missing in this news, which is not very recent.Mandrake has decided to appeal the decision the court has made. This appeal can last three years.
And don’t forget that in French, Mandrake doesn’t mean anything (herbal root or magician).
I don’t see how this can infringe. Mandrakesoft and Mandrake the Magician operate in totally different and unrelated fields. If this is a violation of copyright why was Apple allowed to name a version of their Mac OS “OS 9” (they won the court case based on fair use) even though there is a long pre-existing OS from Microware which runs on a variety of platforms including the Mac called “OS-9.”
I can’t see how Apple can claim fair use when they operate in exactly the same area where there’s *real* chance for confusion while Mandrake can’t.
They did use a magician. But Mandrake root has been associated with magics for centuries. Thus it is the cartoon character who got his name from this, not the contrary. Moreover, top hats and stars have been associated with magicians since the 19th century. The Mandrake cartoon character did not invent anything. This is crazy.
The Lothar name was used in internal for diskdrake, but was not commercially used. Yes there is a relationship, but it was a long time ago, and is not used anymore.
Call it Magic Linux, change the logo to a penguin with a magician suit, call the penguin Ernest and vogue la galère!
America is not the only country that needs tort reform.
Here in Sweden you can be forced to change name of your company or product only if you compete in the same business. “Mandrake Linux” would have no problems with “Mandrake the magician” whatsoever.
Its really a shame that the money I paid for Mandrake Club goes to “King Feature Syndicate of America”, they definitly does not deserve it after showing this kind of behaviour.
Microsoft should be sued by the foundation of “Impotent med with small genitalia” and they should pay a lot of money too, that would at least be a little constructive.
Mandrix?
Mandros?
Mandos?
Man-DASH ! Man— 😉
ManOS, the OS of Fate
“Are you serious? Do you honestly think that anyone could possibly confuse this sofware company with some stupid-ass comic (that no-one has ever heard of)?”
I’m pretty sure the guy who posted that link was being sarcastic. In other words–he was making a joke.
“Mandrake is a perfectly common, generic name. Perhaps King Feature Syndicate should go after herbalists next.
The French court in question must be [collectively] mad.”
Mandrake in French is “mandragore”. But yes, it is a bloody stupid decision. I doubt it would stand up in an English-speaking court.
Why be that creative with the new name when many have been using a perfectly fine replacement when referring to Mandrake for some time just out of sheer laziness.
Just call it MDK Linux.
Problem solved.
@ scobapro
“Are you serious? Do you honestly think that anyone could possibly confuse this sofware company with some stupid-ass comic (that no-one has ever heard of)? Get real. ”
Laddie, I think your irony detector is rusted.
It’s just to restrictive to not be able to use any word as common as a damn root! anyway what about these??
RootLinux
HerbLinux
AphrodisiacLinux
MaybePoisonousIfYouUseTooMuchLinux
oh .. what about this ..
[symbol] The Linux Formerly Known as Mandrake
hey .. I thought that the French were very strict about using non-french words in their vocabulary?? in that case
OuiLinux
Despite all the raving lunatics posting to this forum, there is a copyright on “Mandrake the Magician.” Mandrake CLEARLY uses this, as you can see in this logo: http://www.amstelveenweb.com/mandrake.jpg
Wow, what is shown in the picture? The word Mandrake with a picture of a magician. So get off your snobby Linux horse and come face to face with reality.
Now they are probably going to head after the variety of turnip-like bulbs called “Mandrakes”.
“I’m afraid, Mr. Turnip, that your name is now trademarked”
Maybe “StupidMagicianNobodyEverHeardAbout Linux”
Or “ShoveTheDamnMagicWandUpYourButt Linux”
… but then again, “ImbecilLawyersSaidThisCannotBeMandrakeAnymore Linux” is definitely a good one.
This case as well as Microsoft’s case against Lindows illustrate that trademark protection is very often too broad. Over six billion people and millions of businesses exist on Earth and there are simply not enough words for every business to have a descriptive name that does not resemble any of the names used by other businesses. In my opinion, both freedom of speech and sound policy requires limiting trademark law to cases when the choice of name is deceptive or causes confusion.
The master would not approve of this name.
‘Despite all the raving lunatics posting to this forum, there is a copyright on “Mandrake the Magician.”‘
Perhaps – but is there a copyright on “Mandrake the Cute Magic Linux Penguin”?
They are just on the edge to be profitable again, so some other company comes along and gives them a kick. They had the name for a long long time, and Mandrake is a generic name:
here, how a mandrake looks like:
http://www.merriam-webster.com/mw/art/mandrake.htm
here is what mandrake means from websters online dictionary:
One entry found for mandrake.
Main Entry: man·drake
Pronunciation: ‘man-“drAk
Function: noun
Etymology: Middle English, probably alteration of mandragora
1 a : a Mediterranean herb (Mandragora officinarum) of the nightshade family with ovate leaves, yellowish or purple flowers, and a large forked root traditionally credited with human attributes b : the root of a mandrake formerly used especially to promote conception, as a cathartic, or as a narcotic and soporific
Now, we don’t want to talk about corruption in the European justice system, do we?
but I confuse the Mandrake Linux distro with the Mandrake magician ALL THE TIME!
Maybe they should change their name to a symbol and call themselves the distro formerly known as Mandrake.
Capitalism sucks. Anyone see why?
Capitalism sucks. Anyone see why?
No. I don’t see why.
“It’s just to restrictive to not be able to use any word as common as a damn root! anyway what about these??
RootLinux
HerbLinux
AphrodisiacLinux
MaybePoisonousIfYouUseTooMuchLinux
oh .. what about this ..”
RootLinux is already a distro: http://www.rootlinux.org/
It’s not capitalism that’s the problem, it’s the ridiculous ease of being able file a frivolous lawsuit, and even worse these days, the copyrighting of common words which essentially makes a mockery of the whole point of trademarks.
Mandrake has been around longer (I think( than Mandrake the magician(and moron as well) leave this name business alone… unless there is a DIRECT infringement in the SAME sector (i.e IT to IT/ Plumbing to Plumbing etc.)
Wow, what is shown in the picture? The word Mandrake with a picture of a magician.
As many others have already pointed out, mandrake (the root) has been associated with magic since the middle ages. If I remember correctly, it was used in the creation of the homonculous, some kind of familiar/servant for magicians. One was supposed to harvest it on the night of the full moon, under a gallows where a man had been hung.
Regarding the Mandrake “magician” Tux, you’ll notice that he has a blue top hat, a blue cape and a star-adorned wand. That is quite different from the Mandrake comic book (or rather, comic strip) character, which had a black top hat, a red cape, and a white-tipped black wand.
Not only that, but this is a license that is dead, dead, dead. There hasn’t been a Mandrake product in decades, and KFS hasn’t indicated that they were planning on coming up with anything. It’s not as if Mandrake was competing with a product currently available (and thus create customer confusion).
“Despite all the raving lunatics posting to this forum, there is a copyright on “Mandrake the Magician.” Mandrake CLEARLY uses this, as you can see in this logo: http://www.amstelveenweb.com/mandrake.jpg
Wow, what is shown in the picture? The word Mandrake with a picture of a magician. So get off your snobby Linux horse and come face to face with reality.”
Mandrake has not used that logo for a long time.
..and willing to translate the article which is linked to from this OSnews summary? Please. Plus any additional news, like they went to a higher court, backed up with URL’s or URL + translation.
New name…
Firebird Linux
or maybe
Phoenix Linux
??
“Any reproduction or representation, in whole or part, by any process, of the pages published on this site, made without the authorization of the editor or webmaster of Le Monde Informatique is illicit and constitutes counterfeit.”
So, you can’t even run that puppy through Babelfish without being Evil. And because you posted that comment, you’re probably guilty of a thought crime.
no wonder oss project like goofy names.
I´m gonna put anyone that use my nickname in court !!!
Just kidding.
The world is made by people who wants to make easy money.
I think it´s time to change the name to a more professional one. Even if Windows is just stupid their must be more professional names that don´t mean anything special.
I’m American but I speak fluent French so I’ll translate this for you all. =)
Here it is translated into English:(Mind you the translation may be a bit rough as I am in a hurry.)
“Mandrake, French editor of the epynonymous Linux distribution, has been condemned by the TGI of Paris, to pay €70,000 to the American socities Hearst Holdings and King Feature Syndicate, owners of the trademark “Mandrake the Magician”, and editor of the comic book of the same name. These two have filed a complaint in France for “copyright infringement”. Moreover, the court prohibits the French the use of this name, and is pressuring Mandrake to transfer its domain names towards the two American companies. A condemnation which could deal a fatal blow to the French editor, of which commerical funds rest uniquley on its epynonymous distribution. For the time, Mandrake has filed and appeal, suspending the judgement and preserving its trademark and domain names. Let us recall that a preceding judgement – bearing on the logo – had ruled in favour of the two American companies. The French has already had to re-examine its copy.”
Ok there it is for what its worth. I hope it helps =)
Oh crap I just saw that disclaimer. Ha..I hope I don’t get sued or something! I don’t see what the big whoop is about translating an article for people but I’ll include the link to the article in this post just to be safe -_-
The original is HERE!!
http://www.weblmi.com/news_store/2004_02_16_Mandrake_devra_chang_47…
There hopefully that will please them.
What the… My favourite distro of all time has to change names…?
Mandrake the Magician…? Never heard of it… :S
I think switching to MDK Linux would be pretty wise.
Anyway, I’ll keep on callin’ my distro Mandrake
[quote]
I think switching to MDK Linux would be pretty wise.
[/quote]
I think MDK is the name of some game that was released a few years ago. Changing the name to MDK will just open themselves up to another lawsuit.
They are different!
In light of the penguin magician, Mandrake The Magician, and the lothar thing for mandrake linux (and The Magician’s sidekick), it is difficult to not see Mandrakesoft being in the wrong here. I wish them luck, as brand recognition is so very important (which is why protecting one’s brand such as KF is, is so important).
I’ll have to be very carful not to be suit for the nickname i use on this forum ;-).
BTW, am i allowed to use the word “W—–s” when i am talking about those glassed timber frames they use in buildings to let the s_n rays enter it? Or should we sue MS and S_N for using a generic word as a trademark?
What about people called “Philips”, “Mercedes”, “Guzzi”, “Gates”, “Rose”, “Pine” …..?
Remember “MikeRaweSoft”?, (L)indows?
Americans have gone banas …. all they think about is suing each other for whatever reason as long as they can get a handful of bucks.
Thanks a bunch!
…
If I created a Linux distro called Bat and used as it’s logo a guy dressed in a bat suit, I suppose DC Comics could sue me for trademark infringement. But now it’s been 2 years since I changed the logo to be a red triangle but kept the name Bat. Can they still sue me?
I would assume not. And this is the where MandrakeSoft is right now.
i see absolutely no similarity between the mandrake comics and mandrak linux’s logo..or artwork.. A mandrake is a plant..and evidently french courts are as bad as american courts..
MandrakeSoft and Mandrake the magician are in totally different business. It doesn’t make sense at all to say that their is a copyright abuse. Ahh i can’t represent my frustration in decent words. The decision is plain stupid.
I am going to copyright the word Austin Soft and then there won’t be able to make any movie by the name austin powers lol…o wait, isn’t austin name of a city…the city should sue austin powers now :p
Being in different businesses has nothing to do with copyright.
“If I created a Linux distro called Bat and used as it’s logo a guy dressed in a bat suit, I suppose DC Comics could sue me for trademark infringement. But now it’s been 2 years since I changed the logo to be a red triangle but kept the name Bat. Can they still sue me?”
Might I direct you to http://www.ritlabs.com/“>The email client?
They haven’t been sued yet, and they use a bat as the logo. You should be pretty safe.
Except there is no “bat” man in the logo.
Copyright has to do w/ the details of the implementation for an idea. Moreover, it only cover the copying of an actual work, which I guess includes the title. But Mandrake is only using the word Mandrake, which is right out of the dictionary.
The only way in which they were infringing was the logo of the magician penguin w/ mandrake below it. But what does that have to do with the domain name? mandrake.com or the name mandrake? Nothing. They have cleared up their violation and now these greedy people want to milk them for all their worth.
Then there is Trademark law. Where if you are in the same field and use a trademarked name, you can get in trouble.
However MandrakeSoft is not in the comic book business in any way.
And that leaves patents, which umm is laughable in a discussion about comic book characters.
>Moreover, it only cover the copying of an actual work, which I guess includes the title.
<p>
Actually it dosn’t. You can’t copyright titles, just as you can’t copyright ideas.
When I first saw Mandrake Linux, I saw the picture of a plant (Mandrake root.) I have no interest in any magicians.
People who behave this way toward others ought to be put in separate quarters, that way, they can eventually eat each other. Then, the rest of us can live in peace.
Remember that idiot who sued Michael Jackson because some of the notes in one of his tunes were in the dorky musician’s tune too, and the dork wasn’t making any money?
Or what happened to George Harrison over “My Sweet Lord?”
I’m always amazed at how *stupid and greedy* people can be.
Michael Jackson did infringe: http://www.jahsonic.com/MichaelJackson.html
Soul Makossa
The story of the first ever hit by a Paris-based African is enlightening. In 1971 Cameroon’s Minister for Sport financed the recording of an anthem composed by Manu Dibango in honour of the national football team, for the 8th Coupe des Tropiques due to take place in Yaoundé. The single was released in 1972, with “Soul Makossa” as its B-side. The Cameroonians were then knocked out and the record was duly forgotten. But the song reappeared on a Dibango album released at the end of 1972 by French Decca’s Africa division. On the other side of the Atlantic, meanwhile, African-American radio programmers [Frankie Crocker] were scoring heavily with “Soul Makossa”. The French label paid no attention to this phenomenon and ignored the African artist, but New York’s prestigious Atlantic label signed him up. The result was two years of sell-out live performances in the US and a cool two million records sold. There was a further development in 1982, when Michael Jackson revived the famous “Ma ma ma, Ma ma sa, Ma ma Makossa” chorus on the opening track of his multimillion-selling Thriller album. Dibango’s lawyers obtained compensation in an out-of-court settlement. — [email protected]
Mandrake also did infringe but the fine is not warranted unless they can show that they tried to intentionally confuse the market place. Also they shouldn’t have to lose their domain names or company names since they don’t infringe on “Mandrake the magician”. They may have to change their logo however.
They should rename themselves to “Magician Linux” and change the logo to a mandrake root. HAH!
Here is the picture I originally had in the fluxbox-rpm for mandrake: http://www.xs4all.nl/~hanb/pictures/MDKbox.jpg
They asked me to remove it from the package for this reason. I complied but of course I kept a copy for the fans who like to use it as a wallpaper. Yes it’s only 29Kb
Leon Mandrake was a REAL american magician who lives before the existence of the comic.
http://www.angelfire.com/ca2/mandrake/mandrake.html
May their family demand King Sindicate?
I think this is just a “we sue because we can” attitude. Just like in the Mobilix case. Despite the fact that in both cases the impact of similar names is zero, or almost zero.
Leon Mandrake was a REAL american magician who lives before the existence of the comic.
http://www.angelfire.com/ca2/mandrake/mandrake.html
May their family demand King Sindicate?
—
Yes, good idea.
Why on earth stick to a brand name that’s worth nothing ? Look how quickly everyone in the Linux world knows about Fedora and that says a lot about the current value of Linux distro names.
The linux industry is still in a period where brand doesn’t matter so much. So they should just go to a branding agency, get a liability free name and Logo, and take the oportunity to redesign their web presence and relaunch whilst it’s still cheap to do so.
Instead, these idiots (just like Lindows, but Robertson is loaded) will go through 3 years of expensive litigation at least and their web sites will still look crap. Talk about brains.
it’s a flower name demmit..
no one can take the rights over a flower name..
look for it in the dictionery..!!
I was thinking about an new name too, but agree, MDK linux
is the best option. And dont forget to copyright it.
At home i will call it Mydrake – unless i upgrade it, then i will call it Updrake. Or have a look at the names used for the american Mandrake:)
American Mandrake, Mayapple Podophyllum peltatum
Other Names: Mayapple, Devil’s Apple, Hog-apple, Indian Apple, American Mandrake, American May Apple, Racoonberry, Wild Lemon
I don’t know if MDK linux would be such a good alternative.
I’m pretty appalled that a French court acquiesced to a case from an American company suing a French company in an entirely different and non-conflicting industry for trademark infringement.
That is just pathetic.
I remember having seen when I was young “Mandrake le Magicien” comic strips in the french edition of “Mickey Magasine”, maybe MandrakeSoft founders had same memories.
In France the term “Mandrake” was only associated with the comic strip so one cannot deny the influence. ( maybe they should rename MandragoreLinux after the french word )
Nevertheless, I don’t agree on that sanction as activities of King Syndicates are not related to software development and the distro gave plenty of advertisement for that otherwise forgotten comic.
The cynical outcome would be for King to produce new episodes of Mandrake the Magician stories… It would be a big sign of the distro popularity.
I live in Belfast, NI. if you are driving around the streets here you will see big white vans…. they have Windows 2000 plastered all over them… Yep, we have a company here called Windows 2000, and they make windows, the ones that go into buildings, the ones that you look through
Why doesn’t MS take this window manufacturer to court for using one of its product names.
I for one would be happy. I wouldn’t have to get confused every time I seen one of these vans
>> Please don’t tell me the new name will be “Man—– (Mandash)!”
$ man dash
NAME
Mandash is the new name of the distro Mandrake Linux.
March 2004
$
Mandragora Linux
MyDecK Linux
“RootLinux is already a distro: http://www.rootlinux.org/ ”
I knew it was too good to be true!! well I still favor ..
[symbol] The Linux Formerly Known as Mandrake
I vote that they strike a deal with Cartoon Network and release Space Ghost Linux. Another good one would be “KingFisher Syndicate of France.”
A King Fisher is a bird.
I suppose King Features should sue God too because He invented the Mandrake root and the families of Martin Luther King ,B.B King Albert King,and Freddie King because their names are King and the Mafia too while they’re because they are also known as the Syndicate.And while we’re being silly maybe Satan and Bigfoot should sue me for stealing their trademarks,lotsa luck fellas,you can’t get blood outta a turnip LOL
WHO THE HELL OWNS KING FEATURES? MICRO$OFT?
Why now? They had the name since version 1 right? Who cares if some american has “Mandrake the magician” copyrighted. What does a linux distros name have to do with that? One thing about americans, they are sue happy.
It’s quite obvious that the best new name would be Mickeysoft. It would use a Mouse interface and Mini device controller. And ‘Drake’ is a type of duck so they could have a, I dunno, DonaldDrake, control center?
A few days after this announcement on OSnews.com:
“French Officials Eye Open-Source Apps”.
BTW, what about abracadaWonder*** ? Would they be sued by Sara-Lee ?
Reading a google translation of the French article, I get the impression that maybe the main thing the US syndicates are after is the Mandrake domain name … if they have registered Mandrake as a trademark in the US maybe they feel they have stronger rights to it … but then strickly speaking “.com” is an international domain, they should stick with “Mandrake.com.us” 😉 and leave “Mandrake.com” to the company with international presence 🙂
I see that someone looks to be making a Mandrake film … maybe that’s behind the syndicates revival of interest in the long dead Mandrake the Magician:
http://www.comicbookresources.com/news/newsitem.cgi?id=2146
We need to send organized organizers to play hard ball with these sue happy punks.
In honor of the ‘drake components’ (drakeconf, drakemouse, drakedisk, etc), the distro will be renamed to Drake Linux.
I know at least some of those components you named don’t have the “E” in “drake” – they’re like “drakconf, drakmouse, drakdisk, etc…”
Are there any companies left in the US that know how to make money without relying on litigation?
I’m not so confused.
“Litle Soft”is very powerful but not for long.Or that was “Micro Something”
Mandrake is my favorite distribution and I would like it to keep its name.
why the EXCEL Corporation, the creators of this beatifully car, do not demand to microsoft for use the name of the car with the office software MICROSOFT EXCEL ?
I think I’ll find this mandrake the magician and flap him with my flippers.