BigTimOBrien writes to mention the EFF is reporting that self-proclaimed cyberlawyer, Eric Menhart, has decided to trademark use of the term “cyberlaw” and is threatening other lawyers with legal action over the term.
Describing yourself as a “cyberlaw” expert is pretty lame, but I just may start right now. In fact, I think I just did!
UPDATE: Eric Goldman rounds up the mockery, plus some background on Menhart, and adds:
Mr. Menhart has blogged a response to EFF that reinforces that he really doesn’t get it. Two unavoidable facts of life for him:
1) The PTO will bounce his TM application
2) If he ever attempts to enforce his purported trademark rights in “CyberLaw” again, he will be met by a buzzsaw of opposition from some very determined folks.In light of these facts, most savvy lawyers would realize that the absolutely wrong approach is to dig in his/her heels.
I really do like Eric.
UPDATE: More, from Brett Trout.
I note that Mr. Menhart’s application was abandoned in October 2008 for failure to respond to the descriptiveness objection in the office action. This result is not at all surprising, and reinforces my confidence in the system.