They want to use the term in connection with events which are held to educate to common people about a group of technologies that are about sharing, collaboration and public access to information. According to legal advisors, the group of people who were associated with Tim O' Reilly made effort to show themselves innocent. They attempted to portray themselves as virtuous and wished to present themselves as an organization which wants to make the world a better place. They tried every means to shake off the controversy which was related to trademark of Web 2.0. They also ignored the fact that initially wanted to register the mark. They made the choice but now they are trying to avoid the responsibility which is associated with it. The people who were associated with the trademark controversy of web 2.0 tried ever means to cover up their shortcoming. They presented it as a 'standard business practice.'
The concept of trademark evolved with the attempt to protect symbolic information which includes logos, slogan and names. This symbolic information indicate source. However, it has to be kept in mind that a trademark is different from patent or copyright. Trademark is associated with trade and commerce. The Government uses it for its own interest. Trademark helps to identify a particular product produced by a particular company. It helps to prevent the confusion of the consumer. It a trademark becomes general then it is very difficult to protect the source. It is because the trademark is no longer associated with a particular source. We can use the example of aspirin. Today aspirin refers to a specific type of product but not a particular product. Previously the provider and source were same. The distinction has been destroyed and so no one feels that the product came from any particular manufacturer.
On November, 2004, CMP Media applied to the USPTO for a company mark on the use of the term "WEB 2.0" for live events. One of the mistakes that Tim O' Reilly and CMP performed was that they encouraged everyone to use the term. After it became a general term, they tried to claim its uniqueness. This gave rise to the entire controversy regarding trademark.
For further information about Web 2.0 refer to our website www.web2devforum.com |