Simon McGarr has posted a possible legal tack that IT@Cork can take if things go down that road in the dispute over the use of the term Web 2.0 in the title of our upcoming conference.
Basically, Simon notes that there is still time to object to O’Reilly’s application for a trade mark for the term Web 2.0.
He goes on to point out Irish statutes on harassment under which we could apply to the Irish courts for protection and damages.
All in all it makes for interesting reading – thanks Simon.
7 thoughts on “O'Reilly vs. IT@Cork and Web 2.0 – a legalistic solution”
just. do. nothing.
What Bernie said.
McGarr is incorrect. The period for public opposition started in September. After one month, the trademark is approved if nobody complains. Paperwork takes another month or so in most cases.
However, this one dragged out until earlier this month. The only reason why the TDR records at the USPTO seem to show the trademark process was not closed until this month was that the original application from 2003 was filed on the basis of future use, not a current ongoing use. This requires a final proof that it has eventually been used in trade. However, even that was done earlier this month. It’s all over.
Legally, they’re in a pretty strong position.
I think Simon McGarr and yourself are talking about different things. Simon is talking about CMP/O’Reilly’s (pending) application for a trademark in the EU while you are talking about their (now granted) application in the US.
Tom why not chane it to ‘web 2.1 or web 2.0.1’ with all the readers you have, it would spread through blogosphere very quickly. There’s no way their would be a legal comeback for them. Greta site by the way.
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