Lawsuit 2.0


In the mash up spirit of Web 2.0, Tim O'Reilly sent a cease and decist to a non profit wrongfully using the Web 2.0 trademark term.


How to kill the use and acceptance of an interesting phrase

The phrase "Web 2.0" qualifies as one of the 2005 pop-culture buzzwords of the week but lacks legs as a durable trademark. Too bad O'Reilly can't be satisfied simply taking credit for coining a pop culture phrase and save the legal fees for something more important. As pop culture lingo the phrase "Web 2.0"'s 15 minutes of fame is over. Move on, O'Reilly, before you find yourself hung with yesterday's smart catchphrase, left in the dust by Web 2.2, Web 3.7, Web 4.2.

An Interesting Filing Date

The trademark is limited to association with specific events and so is available for use in other contexts without penalty:

Canadian description:
"Arranging and conducting live events, namely, trade shows, expositions and business conferences in various fields, namely, computers, communications and information technology; organizing and conducting educational conferences, tutorials and workshops in the fields of computers, communication and information technology."

Filed by CMP Media LLC:
USA: 03 November 2003. Registered.
Canada: 20 March 2006. Not yet registered.
EU: 21 March 2006. Not yet registered.

I wonder which conference prompted the recent flurry of filings?

As the Irish (!) were organising a conference using that term they got served - trademarks must be defended. The recent filing date may help them if they want to argue the case.

Webwork's (is that nom de plumme an infringement?) emotional response reminds me of my definitions:

WWW == Wealth Wine Women
Web 2.0 == Bubble 2.0

The O'Reilly perspective ...

have a look at this.

O'Reilly Response

"Sara Winge, our VP of Corporate Communications, asked me to post this:

The blogosphere has been buzzing today about O'Reilly sending a cease-and-desist letter to IT@Cork, demanding (yes, that's the legal term) that they not use "Web 2.0" in the title of their conference. I'd like to give the O'Reilly perspective, and clear up a few things. You'd be hearing from Tim, but he's off the grid, on a (rare) vacation."

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