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O'Reilly and CMP Exercise Trademark on 'Web 2.0' 229

Posted by Zonk
from the can't-have-confusion-2.0 dept.
theodp writes "On May 16, the USPTO notified CMP Media, which co-presents the Web 2.0 Conference with O'Reilly, that its trademark for Web 2.0 was entitled to be registered. Eight days later, CMP sicced its lawyers on not-for-profit IT@Cork, taking the networking organization to task for not only using the term Web 2.0 for its free conference, but also for linking to a What is Web 2.0 article penned by Tim O'Reilly." It should be noted that their trademark only applies to the titles of industry events (CMP is a show organizer).
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O'Reilly and CMP Exercise Trademark on 'Web 2.0'

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  • Re:Stupid. (Score:3, Informative)

    by SatanicPuppy (611928) * <Satanicpuppy@@@gmail...com> on Friday May 26, 2006 @10:21AM (#15409937) Journal
    In newspaper work, journalists are commonly forbidden from using nouns that originated as product names...For example, you can't use "Kleenex" or "Frisbee" or "Rollerblades" because of litigous companies that are jealous of their trademarks.

    I suppose it's because it's pretty easy to lose a trademark, so you have to be careful, or people could be making "Bob's Frisbee's" and "Joe's Rollerblades" instead of being forced to use the less sexy descriptors.
  • Re:Dibs (Score:5, Informative)

    by AKAImBatman (238306) * <akaimbatman AT gmail DOT com> on Friday May 26, 2006 @10:37AM (#15410055) Homepage Journal
    In an effort to curb the misuse of my technological terms by the industry, I am now trademarking Web 3.0, Web 4.0, Web 5.0, Web 6.0, Web 7.0, Web 8.0, Web 9.0, Web 1337.0, Web 69.0 and Web Pi.

    Just in case anyone is seriously thinking of doing this, be aware that Trademark protection is only afforded when you use the term. If you don't use the term, your trademark will fall through in any court case.

    I'm not a lawyer, but setting up a website with joke articles about Web 3.0 - Web Pi should allow you to register the term. Whether or not it will be enforcable is a matter you'll need to ask a lawyer. Thankfully, the EFF and/or PJ would probably be willing to listen to your plan, perhaps even provide legal advice. (Maybe. I don't speak for them, so take this with a grain of salt.)
  • Not true. (Score:3, Informative)

    by a_greer2005 (863926) on Friday May 26, 2006 @10:44AM (#15410105)
    I [sysco.com] think [apple.com] you're (O'Reillys Bar) [dallasobserver.com] wrong.

    The same name thing in differant industries is usually just fine.

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