Legal Issues

Legal Issues

by Mike Masnick


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."

9 Comments | Leave a Comment..

 
 

Reader Comments (rss)

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

    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 comment) (link to this comment)

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

    iLaw!

    (reply to this comment) (link to this comment)

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

    Re:

    by Anonymous Coward

    dibs on iLaw!

    (reply to this comment) (link to this comment)

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

    Tunes harmonica ...

    Ha Ha

    (reply to this comment) (link to this comment)

  5. Feb 22nd, 2008 @ 5:29pm

    Re Trademarks

    by Doug Robb

    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 comment) (link to this comment)

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

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

    (reply to this comment) (link to this comment)

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

    Re:

    by Anonymous Coward

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

    (reply to this comment) (link to this comment)

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

    Re:

    by DanC

    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 comment) (link to this comment)

  9. Feb 25th, 2008 @ 9:12am

    trademark

    by Dr. Slobber

    Can I trademark the phrase "stupid lawyer" ?

    (reply to this comment) (link to this comment)

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