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Legal Issues

by Mike Masnick

Fri, Feb 22nd 2008 3:26pm




Filed Under:
cyberlaw, trademark


Cyberlawyer Gives Up Attempt To Register Cyberlaw As A Trademark

from the chalk-one-up-for-the-cybermasses dept

Last month, we noted that a lawyer wasn't just trying to trademark the term "cyberlaw" but was already threatening other lawyers for using the term. As the news broke a bunch of folks (mainly lawyers) pointed out how ridiculous this was, and now the guy has dropped his attempt to trademark the term (though he is still trying to trademark a logo of the term). He claims: "It was very clear that this was not going to be an academic argument, it was going to be more of a shouting match, and I didn't think it was worth my time to get involved in a shouting match with people that were going to shout louder." However, as Eric Golman notes at the link above: "Funny--I would have thought it wasn't worth his time because the application was completely unmeritorious."

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  1.  
    identicon
    Anonymous Coward, Feb 22nd, 2008 @ 3:55pm

    He should have applied for a 'cyber-trademark'

    Anyway, I'm calling dibs on eLaw. It's an obvious joke, but obvious doesn't seem to be a defense anymore.

     

    [ reply to this | link to this | view in thread ]

  2.  
    identicon
    Le Blue Dude, Feb 22nd, 2008 @ 4:07pm

    iLaw!

     

    [ reply to this | link to this | view in thread ]

  3.  
    identicon
    Anonymous Coward, Feb 22nd, 2008 @ 4:58pm

    Re:

    dibs on iLaw!

     

    [ reply to this | link to this | view in thread ]

  4.  
    identicon
    Nelson Voice, Feb 22nd, 2008 @ 5:26pm

    Tunes harmonica ...

    Ha Ha

     

    [ reply to this | link to this | view in thread ]

  5.  
    identicon
    Doug Robb, Feb 22nd, 2008 @ 5:29pm

    Re Trademarks

    There is a general principle in trade mark law (or at least here in Australia) where a term that may have been able to be trademarked once has fallen into 'common use' or has become a 'common descriptive term'. Such words are not capable of being registered as a trade mark.

    I would suggest 'cyberlaw' along with 'Internet' would be in this category. It is also possible for registered marks to effectively lose their status through this process - and example is the word 'lite' that seems to pop up everywhere these days.

     

    [ reply to this | link to this | view in thread ]

  6.  
    identicon
    Lucretious, Feb 24th, 2008 @ 3:25am

    "unmeritous"? Is that even a word Mike?.. ;)

     

    [ reply to this | link to this | view in thread ]

  7.  
    identicon
    Anonymous Coward, Feb 25th, 2008 @ 5:34am

    Re:

    If it's not, blame Eric Golman, not Mike. :p

     

    [ reply to this | link to this | view in thread ]

  8.  
    identicon
    DanC, Feb 25th, 2008 @ 8:49am

    Re:

    Apparently 'unmeritorious' is a word....means the same thing as meritless. Kinda weird though..most lawyers just use your standard "without merit".

     

    [ reply to this | link to this | view in thread ]

  9.  
    identicon
    Dr. Slobber, Feb 25th, 2008 @ 9:12am

    trademark

    Can I trademark the phrase "stupid lawyer" ?

     

    [ reply to this | link to this | view in thread ]


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