[Project_owners] use of 'zilla' in new project names

Kevin T. Neely ktneely at astroturfgarden.com
Sat Dec 6 11:20:08 EST 2003


Through the biting wind of a Cleveland Winter, I saw Erwan Loisant write:

> Actually in the Asterix-Mobilix case, the big one (Editions Albert Rene) 
> won against an Open Source fan site (Mobile Unix = Mobilix) because it 
> was too close to Obelix, one of the main character of the comic.

As i understand it, however, (and I haven't taken trademark law yet, so this is my impression from a couple of discussions) that one has to prove in court that it would be reasonable for people (i.e. consumers) to mix up the products.  So, Asterix needs to prove that people that watch their cartoon/manga/whatever would be confused enough by the Mobile Unix product that it would cause financial loss to Asterix.
Seems to me that these might be different enough markets that the two marks could co-exist peacefully in the marketplace.

I could try looking this up over the break, but I have finals this week and next :(

K


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