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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Comments on “Cyberlawyer Gives Up Attempt To Register Cyberlaw As A Trademark”

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Doug Robb (profile) says:

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.

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