Cyberlawyer Gives Up Attempt To Register Cyberlaw As A Trademark

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

Fri, Feb 22nd 2008 3:26pm — Mike Masnick

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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Filed Under: cyberlaw, trademark

9 Comments

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Anonymous Coward, 22 Feb 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.
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Le Blue Dude, 22 Feb 2008 @ 4:07pm

iLaw!
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Anonymous Coward, 22 Feb 2008 @ 4:58pm

Re:
dibs on iLaw!
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Nelson Voice, 22 Feb 2008 @ 5:26pm

Tunes harmonica ...

Ha Ha
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Doug Robb, 22 Feb 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.
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Lucretious, 24 Feb 2008 @ 3:25am

"unmeritous"? Is that even a word Mike?.. ;)
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Anonymous Coward, 25 Feb 2008 @ 5:34am

Re:
If it's not, blame Eric Golman, not Mike. :p
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DanC, 25 Feb 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".
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Dr. Slobber, 25 Feb 2008 @ 9:12am

trademark
Can I trademark the phrase "stupid lawyer" ?
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