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Open Sources | Rodrigues & Urlocker » Web 2.0 trademark nonsense: Killing its biggest benefactor?

May 27, 2006 | Comments: (0)

Web 2.0 trademark nonsense: Killing its biggest benefactor?

I stopped by Bryce's house on a walk with my youngest yesterday, only to find out that the world was crucifying one of the advisors to his venture fund (Tim O'Reilly) who, as near as I can tell, is both innocent and also stranded on vacation without a cell phone, unable to defend himself from the libel/slander/mindnumbing ignorance that is spewing his way in his absence.

Missed the uproar?

Nick Carr captures it well. You may not remember this, but there was a time when everyone and her dog didn't blather on about Web 2.0. Then Tim crowned it real, a business partner sought trademark on the term (remember: back then few talked about Web 2.0 - it was Tim who got the meme rolling, which Paul Kedrosky, not being a lawyer or a historian, seems to have forgotten), and lately his business partner (CMP Media/MediaLive!) on the O'Reilly Web 2.0 Conference sought to enjoin an Irish company from putting on its own Web 2.0 conference.

Rudimentary trademark law 101, you think? Mostly.

In this ruckus, those who are personally attacking Tim can be ignored - they're buffoons.

For the rest, I think the real problem is not that Tim's business partner is seeking to enforce a trademark, but rather that it has not sought to do so before now. I think, in other words, that the real problem here is that O'Reilly (the company, not Tim, the person) has been inconsistent. Had O'Reilly aggressively slapped at TM on every use of Web 2.0, no one would be complaining now. But they didn't. Because O'Reilly isn't that sort of company. Now they're being castigated for not being IP fiends (though the mob is dressing it up as if they are IP fiends).

It is clear (to me, at least) that Tim largely invented Web 2.0. Not that he coined the term first (though he may have), but that he was the first to really centralize discussion around the topic. I think it's therefore still reasonable for his company and its partners to want to hold some exclusive right to put on a conference that deals with the meme.

At some point, however, it will have to become open. Like open source. I co-founded the Open Source Business Conference. It never occurred to me to try to trademark "open source," though we definitely trademarked "open source business conference." Open source is simply too generic. It may well be that "Web 2.0" is now too generic to hold claim to legitimate trademark.

If so, it is through the good graces of Tim and company. People should remember that before they grease up the guillotine.

Posted by Matt Asay on May 27, 2006 07:28 AM


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Hi Matt,

I enjoy the blog -- thanks for the perspectives.

But on this one -- to say that Tim O'Reilly was the "first to centralize discussion around the topic"? What about InternetWorld - produced by Jupiter Media - that was running in the late 90's? Wasn't that a central forum for discussion about the next generation of Internet techologies? That's just one of numerous examples.

In my opinion, "Web 2.0" is nothing more than a cutesey little name for the same concept (the evolution of the web and its underlying technologies) that has been known long before the exact term "Web 2.0" emerged.

I don't think it's wrong for them to want to trademark a brand that they created that's worth a lot of money. But I don't think the idea that Tim was THE individual who centralized the discussion is even remotely supported by history. With all due respect to Tim O'Reilly, ever since the Internet sprung up -- EVERYONE has been talking about where the Web is evolving, where it's heading, how it's driving online behavior patterns and business models, etc.

I think it would be interesting -- too -- to try to hear someone articulate the difference between the "Business 2.0" and "Web 2.0" brands. Business 2.0 -- which sprung up out of "eCompanyNow" -- came out in the late 90's, and was all about how the Internet and related technologies are changing the way business is conducted. How anyone affiliated with the "Web 2.0" brand might successfully argue that their brand is drastically different would be lost on me.

Posted by: Travis at May 27, 2006 09:08 AM

I think O'Reilly's fans feel betrayed by this affair, hence the vehemence of the response. There was a straightforward, O'Reilly-style way to handle this:

1) Announce that CMP was about to receive the servicemark for events.
2) Note that, since they filed for it, numerous web 2.0 events have been held.
3) Indicate that they'd like to protect the Web 2.0 Conference brand.
4) Ask the web community for feedback on how to proceed.

Posted by: Liam @ Web 2.5 Blog at May 28, 2006 12:26 AM

Hi Matt,
First of all, just to say I enjoy following your blog.

Just a point to think about:
I must say that I find the entire trademark system a bit draconian, and mixed with fuzziness. Where do we put the line on what is considered a trademark or even a patent? Many of the great ideas in history and of our time would have been crippled from the beginning had they been copyrighted - and the same may go for "Web 2.0" had its trademark been enforced earlier - wouldn't you think?

The entire concept has been taken a bit too far in my opinion. I understand the need of advertisers to have a recognized brandname or logo or slogan, but when the cellular company Orange for example sued another company for the use of the color orange in their logo - that's crossing a line. And trying to trademark a buzz word that stands for free flow of information, among other things - that strikes me as simply absurd.

Posted by: ramatimi at May 28, 2006 06:40 AM

Matt -- I am neither a "lawyer nor a historian", but I am also well aware that Web 2.0's propagation owes everything to Tim. I said as much on my site, and I also said I think this is runaway lawyers, not Tim being cute with a meme.

FWIW, I agree with Liam in a prior comment wrt a friendlier way of handling all of this. And that's not the only way, because there are plenty that would have been less like poking a stick in a blog nest.

Posted by: Paul Kedrosky at May 30, 2006 07:28 AM

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