MozillaZine

Full Article Attached Firebird Database Project Admin Ann Harrison Interviewed

Monday April 21st, 2003

It's been a long and intense week since mozilla.org announced that the Phoenix browser has been renamed Firebird, to the dismay of much of the Firebird database community. In this interview with MozillaZine, Ann Harrison, an administrator of the Firebird database project and a partner in IBPhoenix, gives her thoughts on the dispute.


#132 Not a complex matter at all

by JStarkey <jas@netfrastructure.com>

Wednesday April 23rd, 2003 8:57 PM

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I will just reiterate my statement. The Mozilla drivers made no attempt to communicate with Firebird either before or after the announcement.

Asa's argument is without legal merit. This can be resolved in an honorable, decent manner or it can be resolved in the courts.

The matter isn't complex. If any party had the right to arbitrarily restrict the scope of an existing mark the entire system of trade and service marks would collapse.

I submit that AOL's ephemeral lawyers know this and Asa does or should know this as well. What we are witnessing is not a legal position but a pure, simple act of a bully.

Asa's statement have no basis in trademark law. And I accept his unwillingness to defend his position as recognition of that position.