Wow! Such harshness...

Posted May 18, 2003 12:16 UTC (Sun) by msutherland (guest, #11201) [Link]

"There is no doubt that Firebird SQL has been around longer than Mozilla, and I believe that at least some of the Mozilla team should have heard of it before their TM application. However, there is no Trademark registered for Firebird by the Firebird SQL team that I can find in a TM search, and Mozilla's lawyers were correct in stating that the term was not obstructed (though it might have been - unbeknownst to the lawyers - unregisterable due to prior use from Firebird SQL and BBS). To me, that makes those defending Firebird (including the Firebird Website) look like a bunch of radical fanatics compared to the rational if somewhat defensive statements given by the Mozilla team."

Trademark registration is not required for trademark validity. Use in trade is sufficient. Trademark registration, by itself, doesn't establish the validity of a mark, but it does move the question into Federal courts.

Firebird is in the process of registering the mark "Firebird". The Mozilla group will have opportunity to explain to the US Patent Office their various quaint and creative reasons what Firebird isn't a valid trademark for a database but is for a browser. Then the venue will shift to Federal court.

The issues aren't subtle or difficult to master. Firebird has been using the trademark uncontested for three years. They're really nothing left to be said but determine damages.

To further add to my complete disprespect of the Mozilla community....

1. Mozillazine taking the Firebird name and appending a (TM) to it in their forums. In their flawed arrogance, they thought they were being cute. I look at as them acting like a bunch of backward ass nitwit twirps. Lucky for them they recently became endowed with the brains to remove it.

2. In a failed effort to save their sorry faces, they later claim that when they announced their name change from Phoenix to Firebird that they had meant at that time, and all along, that the Firebird was just the 'project' name... and that the 'product' name was Mozilla Browser. That, of course, is load of vile bullshit for several reasons.....

Here's the announcement:

"Asa Dotzler writes: After months of discussion and further months of legal investigation, we're finally comfortable moving forward with new names. The new name for the Phoenix browser is 'Firebird'. The documentation and product strings will be updated soon. In addition to securing Firebird, we've also got the OK from those contributing legal resources to use the name 'Thunderbird' for a mail client. Hopefully this will be the end of naming legal issues for a while."

http://www.mozillazine.org/talkback.html?article=3075

A. There is absolutely no mention, not even a remote hint, that the name Firbird is simply a project name. In fact, the supposed 'product' name, Mozilla Browser, as you can see, is not even cited.

B. If Firebird was meant as a 'project' name... then there is no requirement to 'run it through legal'

C. Asa Dotzler was even specifically asked what the *product* name would be by a community member:

"SUBJECT: Product Names
As these are just product names, they will presumably be fully refered to as 'Mozilla Firebird' and 'Mozilla Thunderbird', just as you would 'Microsoft Internet Explorer'?"

http://www.mozillazine.org/talkback.html?article=3075&message=44&state=reply

Asa's reply....

"SUBJECT: Re: Product Names
Yes. We have the Mozilla Firebird browser and the Mozilla Thunderbird email client.

--Asa"

http://www.mozillazine.org/talkback.html?article=3075&message=54&state=reply

In short, not only now is Mozilla.org a bunch of backward ass nitwit twirps.... they are also a bunch pathetic liars... unworthy of the oxygen that their putrid mouths rape from the earths atmosphere.