[Infowarrior] - Idiot lawyer trademarks "cyberlaw" term, chases "infringers"

[Richard Forno]

Cyberlaw and cyberlawgs
Posted by Corynne McSherry

http://www.eff.org/deeplinks/2008/01/cyberlaw-and-cyberlawgs

Eric Menhart may call himself a cyberlawyer, but we think he has a lot of
learn about cyberlaw -- and common sense. Menhart is the author of a blog
about cyberlaw issues called, logically if not innovatively, "Cyberlawg."
(As he says in the top right corner, ³Cyberlawg = Cyberlaw + blog.²) And he
is "principal attorney" in a firm called "CyberLaw P.C." OK, OK, we get it,
he practices technology law. Based on this, he¹s applied for a trademark on
the use of the term ³cyberlaw² in connection with the practice of, um,
cyberlaw. That's like a soda company claiming a trademark in the use of the
word soda in connection with the sale of soda. Or an apple farmer claiming a
trademark in the use of the term apple in connection with the sale of
apples. Or ... well, you get the picture.

What is worse, he's threatening other lawyers with legal action based on
this silly "mark." Menhart has demanded that attorney Michael Grossman
change the title of his blog about technology law, "CyberBlawg." Presumably
Stanford's Center for Internet and Society, with its Cyberlaw Clinic, as
well as the Berkman's Center for Internet and Society, and Elliot
Zimmerman's blog, CyberLaw.info, are in Menhart¹s sights as well.

I wish I could say I was surprised by this one, but such overreaching
invocations of IP rights are all too common -- even where, as in this case,
there are no actual "rights" to speak of. But an IP lawyer should know that
courts (and trademark examiners, and many tech companies that might be
potential clients) don't look kindly on efforts to abuse trademark law to
control everyday language. Here's hoping Menhart figures that out fast.