http://www.markevanstech.com/2006/05/27/early-morning-thoughts-bout-web-20-vonage-myspace/ Thoughts on Startups, Entrepreneurs and the Web Thu, 09 Feb 2012 17:25:18 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://www.markevanstech.com/2006/05/27/early-morning-thoughts-bout-web-20-vonage-myspace/comment-page-1/#comment-1489 Anonymous Tue, 30 May 2006 19:08:27 +0000 http://markevanstech.com/?p=1537#comment-1489 Note: Although I <strong>twice</strong> submitted the above comment to John Battelle's SearchBlog and to the O'Reilly Radar, both sites disallowed my comments from being posted each time. Note: Although I twice submitted the above comment to John Battelle's SearchBlog and to the O'Reilly Radar, both sites disallowed my comments from being posted each time.

]]> http://www.markevanstech.com/2006/05/27/early-morning-thoughts-bout-web-20-vonage-myspace/comment-page-1/#comment-1488 Anonymous Tue, 30 May 2006 18:55:16 +0000 http://markevanstech.com/?p=1537#comment-1488 Firstly, O'Reilly is only claiming to own the "Web 2.0" service mark as it pertains to conferences and events. <a href="http://tess2.uspto.gov/bin/showfield?f=doc&state=lclroo.2.1" rel="nofollow">http://tess2.uspto.gov/bin/showfield?f=doc&state=lclroo.2.1</a> Everyone has the right to protect his intellectual property. But it appears that O’Reilly may not have protected his. A genericized trademark is “<em>a trademark or brand name which is often used as the colloquial description for a particular type of product or service as a result of widespread popular or cultural usage</em>.” <a href="http://en.wikipedia.org/wiki/Genericized_trademark" rel="nofollow">http://en.wikipedia.org/wiki/Genericized_trademark</a> I have read that in America and other countries, for years, there have been numerous conferences and other events with “Web 2.0” in the name. <a href="http://blog.softtechvc.com/2006/05/the_web_20_lega.html" rel="nofollow">http://blog.softtechvc.com/2006/05/the_web_20_lega.html</a> If this is true, then since O’Reilly and his company did not previously enforce their rights and send Cease & Desist letters to <em>those</em> conference organizers, it seems to me that “Web 2.0” has been allowed to become a genericized trademark. Hence, trademark rights may no longer be enforceable or at least it may be difficult for O’Reilly and crew to now legally enforce their rights. A long list of other genericized trademarks: <a href="http://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks" rel="nofollow">http://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks </a>Also, see the very brief opinion of The Trademark Blog on this topic: <a href="http://www.schwimmerlegal.com/2006/05/web_20_v_web_20.html" rel="nofollow">http://www.schwimmerlegal.com/2006/05/web_20_v_web_20.html </a> Firstly, O'Reilly is only claiming to own the “Web 2.0″ service mark as it pertains to conferences and events. http://tess2.uspto.gov/bin/showfield?f=doc&state=lclroo.2.1
Everyone has the right to protect his intellectual property. But it appears that O’Reilly may not have protected his. A genericized trademark is “a trademark or brand name which is often used as the colloquial description for a particular type of product or service as a result of widespread popular or cultural usage.” http://en.wikipedia.org/wiki/Genericized_trademark
I have read that in America and other countries, for years, there have been numerous conferences and other events with “Web 2.0” in the name. http://blog.softtechvc.com/2006/05/the_web_20_lega.html
If this is true, then since O’Reilly and his company did not previously enforce their rights and send Cease & Desist letters to those conference organizers, it seems to me that “Web 2.0” has been allowed to become a genericized trademark. Hence, trademark rights may no longer be enforceable or at least it may be difficult for O’Reilly and crew to now legally enforce their rights. A long list of other genericized trademarks: http://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks
Also, see the very brief opinion of The Trademark Blog on this topic: http://www.schwimmerlegal.com/2006/05/web_20_v_web_20.html

]]> http://www.markevanstech.com/2006/05/27/early-morning-thoughts-bout-web-20-vonage-myspace/comment-page-1/#comment-1487 Anonymous Sun, 28 May 2006 06:29:08 +0000 http://markevanstech.com/?p=1537#comment-1487 Mark, I believe the customer allocation for Vonage direct share purchase program is 13.5%. That was a a really weak institution book. There were some serious hurt handed out on Thu and Fri.... Mark, I believe the customer allocation for Vonage direct share purchase program is 13.5%. That was a a really weak institution book. There were some serious hurt handed out on Thu and Fri….

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