Mike should lay off TechCrush — and Dead 2.0

by Mathew on September 21, 2006 · View Comments

Update 2:

Apparently Mike and TechCrush have come to an agreement — TechCrush has changed its logo and everyone is as friendly as could be. According to a post at TechCrush:

We had contact with Michael Arrington on a possible trademark infringement with Techcrunch, but we settled the matter quick and amicably. I got to know Michael as a decent and professional guy. Thanks Michael.

Mike has posted a chronology of events here. Still seems kind of pissed at Stowe Boyd.

Update:

Mike Arrington has responded in the comments section of this post, and says that he doesn’t want to go after TechCrush, but that his lawyer has suggested he might be in for trouble down the road if he doesn’t defend his trademark. As I mentioned in my response, trademark lawyers always say that kind of thing — it doesn’t necessarily mean you have to do it. I think maybe the disclaimer is the way to go. As for Dead 2.0, Mike says he loves it… he’s just not sure it’s the kind of thing an executive with a Web 2.0 startup should be doing. On that, he might just have a point. I still kind of hope it continues though.

Original post:

There’s a nasty mess brewing in the blogosphere, boys and girls — once again, the dark shadow of lawyers and trademark infringement is passing across our fair land (Ed: knock it off with the Lord of the Rings vibe already). It seems that TechCrush, a new site that promised to act as an antidote to some of the boosterism in the Web 2.0 sphere, has been smothered in its cradle by threats of legal action.

And who might those threats have come from? Well, the name of the site is a play on the name TechCrunch, which is the hub of Mike Arrington’s blog-publishing empire. Stowe Boyd apparently sparked the idea for the site when he said it would be nice if someone went back to take a look at some of the startups that Mike and his team write about so glowingly, to see if they made the grade or not. According to Stowe, Mike said that his lawyers were raising red flags about the trademark issue.

As Stowe notes, this has much the same flavour as the O’Reilly Web 2.0 trademark brouhaha, in which the publishing and conference firm sent a “cease and desist” letter to a conference that had the gall to use the term Web 2.0 in its name. In that case, however, O’Reilly was just concerned about brand confusion. What is Mike concerned about? A little criticism?

He certainly doesn’t seem too crazy about whoever is behind the blog known as Dead 2.0. Speaking of which, I think The Skeptic should remain anonymous — with or without Nik Cubrilovic’s help — if it allows him to keep taking shots at TechCrunch and other bubble-boosters. Food critics for newspapers get to remain anonymous so they don’t have to worry about the egos of restaurant owners while doing their reviews, so why not bloggers? My M-lister friend Kent Newsome has some thoughts here (and a great Neil Young reference in the title), and Shelley Powers has a good point too.

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  • http://laurencetimms.com the laurence timms state machine: tracking internet memes and news buzz

    Whatever happens to the TechCrush name as a result of this addle-brained nonsense, I encourage you to follow TechCrush to whatever URL it finally occupies. Their approach is a much-needed breath of fresh air in the overheated Web 2.0 sauna. Edit: check out Mathew Ingram’s post on the Techcrush issue; he also links to related posts from Kent Newsome and Shelley Powers. tags: techcrush, techcrunch, legal, stowe+boyd, mediangler, haydn+shaughnessy, web20, web+20

  • http://benmetcalfe.com/blog/index.php/2006/09/22/michael-arrington-sets-the-record-straight-on-techcrush/ :Ben Metcalfe Blog

    t been following it, some guys basically setup a blog called TechCrush to see what happened to sites featured on TechCrunch 6 months down the line (did they fail, have they lived up the hype, yadda yadda). There’s been some back-and-forth on the blogosphere as to whether Michael Arrington sent ‘nasty C&Ds’ to the TechCrush guys etc. Micheal has set the record straight (at least from his perspective) by setting out the string of events that have occurred around this issue.

  • http://tech.memeorandum.com Techmeme

    Mathew Ingram / mathewingram.com/work: Mike should lay off TechCrush — and Dead 2.0

  • http://peterdawson.typepad.com /pd

    I think Mike and Nic, marshall , oriel are like the mafia2.0 !!

    If one talks bad about them, they shot you down.. They like to dish it out , but they can’t really take it. Thats the conclusions that I am coming too.

    Its sad, they are losing crediablity and trust ..

  • http://www.nik.com.au Nik Cubrilovic

    PD: don’t you have anything better to do? Your name comes up whenever techcrunch does, do you refresh technorati results all day?

  • Mathew Ingram

    That’s a little offside, Nik — Pete’s name comes up whenever just about anything happens in the blogosphere, because he seems to be everywhere and anywhere that people are talking about or on the Web. He’s an international man of mystery :-)

  • http://www.robhyndman.com Rob Hyndman

    Let’s set up a legal defense fund to help pay their way.

  • http://www.techcrunch.com michael arrington

    love techcrush content, my lawyer says if they use the name and the logo I’ll have issues trying to protect techcrunch as a trademark down the road. my recommendation would be to change the name and look of the logo to something less like techcrunch. I’m also trying to see if a simple disclaimer, that they are not affiliated with us, will work.

    stowe seems to want to pick a fight. Problem is I love the idea of what they are doing, as I’ve said before.

    on dead20, my only point is whether someone should do what he’s doing when they are an exec at a startup. nothing more. i take shots much worse than what he writes every day, and rarely comment.

  • http://www.nik.com.au Nik Cubrilovic

    Ye ok, a bit offside – sorry PD :)

  • Mathew Ingram

    Fair enough, Mike — although I think trademark lawyers almost always say that. It doesn’t necessarily mean you have to do it. I think the disclaimer is probably a good way to go. As for Dead 2.0, I hope he keeps it up — although the rest of the staff at his startup may not feel the same way :-)

  • http://www.greatapps.blogspot.com John Wilson

    Perhaps Mike should offer to put techcrush under his wing – that way the trademark issue goes away and there can be an honesty about the outcomes of the firms covered 6 months down the line v the opinions proferred. As it stands, it could be taken as a sad attempt to cover up embarassing editorials on ventures that subsequently flop. Likewise, how many brands in the web2.0 space are near misses on existing brands (flickr, flockr) with far less fuss. Mike should take it as a complement that people care enough what he & his colleagues think to track it – is its’ existence reallly going to diminish his brand value or will that be simply the result of their “outing” of the results.

  • http://evans.blogware.com/blog/_archives/2006/9/21/2347101.html Mark Evans :: Should Dead 2.0 Be Outed?

    [...] Should Dead 2.0 Be Outed? by Mark Evans on Thu 21 Sep 2006 08:10 AM EDT  |  Permanent Link  |  Cosmos There’s a good tech blog called Dead 2.0 written by someone who goes by thename “Skeptic”. Nik Cubrilovic did some digging and apparently discovered Dead 2.0′s identity. Now, the question is whether the rest of the world needs to know Dead 2.0′s identity. Personally, it doesn’t matter because he writes with insight, intelligence and wise-ass humour – and that’s good enough for me. Of course, if he started to viciously attack people, that would be another story because I believe you need to stand up behind words like that. (hmm: it seems I’m somewhat conflicted). But as long as Dead 2.0 keeps doing what he’s doing, he’s good with me. One other point: Nik does a good job highlighting how you can easily find information about people online.Update: Mathew Ingram has a post on how Michael Arrington is none too pleased with Dead 2.0 or TechCrush, which was launched recently to look at companies reviewed by TechCrunch six months later. This may just be a hunch but I think Skeptic’s cover is going to be blow fairly soon (Arrington says Skeptic is a VP at a start-up that has been covered by TechCrunch and CrunchGear). There’s just too many people sniffing around that it won’t be long before someone comes up with the a “Dead 2.0 scoop”. Then what happens? Does the unmasked Skeptic continue to write his blog or will writing in the open mean he can’t be as objective as he wants given he works within the Web 2.0 community? If push comes to shove (start-up equity/job vs. blog), he may have to give up Dead 2.0, which would be a shame. [...]

  • http://scobleizer.wordpress.com/2006/09/21/devlicious-love-that-url/ Devlicio.us, love that URL « Scobleizer – Tech Geek Blogger

    [...] Perhaps Mike Arrington will be able to recommend a good “cease & desist” lawyer to del.icio.us for trademark infringement http://www.mathewingram.com/work/2006/09/21/mike-should-lay-off-techcrush-and-dead-20/ [...]

  • http://just.shelleypowers.com/scriptteaser/total-validation/ Just Shelley » Total Validation

    [...] Recent Chat: Doug on Does it Matter Mike should lay off TechCrush — and Dead 2.0 » Mathew Ingram: mathewingram.com/work on Does it Matter Kevin Marks on Ajax Myth Busting Melinda Casino on Does it Matter Elaine on Does it Matter McD on Does it Matter Shelley on Ajax Myth Busting James Kew on Ajax Myth Busting Kevin Marks on Ajax Myth Busting Mark Nottingham on Ajax Myth Busting Jeremy Keith on Ajax Myth Busting alan herrell – the head lemur on Deja Vu McD on Meet and Greet Audrey on Meet and Greet Shelley on Meet and Greet [...]

  • http://www.deepjiveinterests.com/2006/09/22/techcrunch-trademark-tiff-ends-amicably-techcrunch-lawyers-working-furiously-to-secure-trademark/ Deep Jive Interests » TechCrunch Trademark Tiff Ends Amicably (TechCrunch Lawyers Working Furiously To Secure Trademark?)

    [...] TechCrunch Trademark Tiff Ends Amicably (TechCrunch Lawyers Working Furiously To Secure Trademark?) September 22nd, 2006 at 9:50 am by Tony Early this morning (eastern standard time), it seems like the whole trademark thing between TechCrunch and TechCrush has been nothing more than a tempest in a teapot, with the trademark tiff ending in very tempered way. [...]

  • http://www.cliquecomm.com/blog/2006/09/22/is-techcrunch-trademarked/ Clique Communications: Online Community Marketing through Corporate Weblogs, Podcasts, and Internet Communities » Blog Archive » Is TechCrunch Trademarked

    [...] Mike should lay off TechCrush — and Dead 2.0 » Mathew Ingram: mathewingram.com/work Says: September 22nd, 2006 at 11:19 pm [...]

  • http://tailrank.com/posts/562949953990575/Side_Effects_of_Anonymous_Blogging Side Effects of Anonymous Attack Blogging

    [...] Side Effects of Anonymous Attack Blogging crunchnotes.com Found 1 day ago So it turns out the guy who anonymously writes dead2.0, an occasionally insightful blog, has been identified . He’s a VP at a startup that we’d cover at TechCrunch and CrunchGear, and that I lean towards liking. … Tagged: Mike should lay off TechCrush – and Dead 2.0 mathewingram.com Found 1 day ago There’s a nasty mess brewing in the blogosphere, boys and girls — once again, the dark shadow of lawyers and trademark infringement is passing across our fair land ( Ed: knock it off with the Lord of the Rings vibe already ). … Permalink Look Out Mama There’s a White Boat Comin’ Up the River newsome.org Found 1 day ago With a big red beacon, and a flag, and a man on the rail. Last night I wrote in another post that people who think the blogosphere is their road to riches don’t want to engage those who raise issues that might make people think the oasis up ahead is a only a mirage. … Permalink Personal Integrity…hello? jack-of-all-tradez.blogspot.com Found 1 day ago Just reading about the so-called ‘outing’ of an anonymous blogger known for his personal attacks and cheap shots. I have never read him, but after checking out his blog I realize I likely wouldn’t want to anyway – even if I did agree with his views. … Permalink Untitled scripting.com Found 1 day ago Mike Arrington says he knows who the anonymous blogger, Dead 2.0, is, but he hasn’t told the rest of us. It could be a good thing for the tech blogosphere to put a name to this person, might make people think again before taking cheap shots if they might end up being responsible for what they say. … Permalink Scripting News for 9/21/2006 scripting.wordpress.com Found 1 day ago Posted in Scripting News at 6:25 am by Dave Winer Mike Arrington says he knows who the anonymous blogger, Dead 2.0, is, but he hasn’t told the rest of us. It could be a good thing for the tech blogosphere to put a name to this person, might make people think again before taking cheap shots if they could end up being responsible for what they say. … Permalink Lots of links weblogs.macromedia.com Found 21 hours ago Lots of links: Many things which I found interesting the last few days, variety of subjects, which I can’t toss out before updating my Firefox…. ;-) Matt Chotin notes Adobe hiring on Flex/LiveCycle integration. … Permalink CrunchNotes » Side Effects of Anonymous Attack Blogging blackrimglasses.com Found 1 day ago CrunchNotes » Side Effects of Anonymous Attack Blogging : but the side effects of non-anonymous assholiness are still gold in the blogosphere. Permalink Dead 2.0, and Why It’s Dangerous to be Anonymous Online technologyevangelist.com Found 1 day ago “In the blogosphere, anonymity – falsely achieved or not – serves a useful purpose for select parties (bloggers fearing political persecution and parent bloggers protecting their children’s identity, come to mind). … Permalink 匿名部落格攻擊 charlesc.ilovemeow.net Found 17 hours ago Dead 2.0 是一個以 “Anti-hyping Web 2.0″ 為己任的網站,作者是匿名的,某天 被人發現 他的真實身份是某個新創公司的副總,於是 Michael Arrington 拿出來討論對於其公司的影響( Side Effects of Anonymous Attack Blogging Permalink TechCrush Grounded Before It Gets Chance To Fly? deepjiveinterests.com Found 1 day ago I reported a few days ago about TechCrush ( and has been noticed by a few others ) the outfit started up by a couple German entrepreneurs. Seems like their raison d’etre was to keep an eye on Web2.0 companies profiled by TechCrunch in the days, weeks, months and possibly years afterwards — possibly providing a more balanced opinion after the hype has had a chance to settle. … Permalink Does it Matter just.shelleypowers.com Found 1 day ago Does who I am really matter? No. I agree with Don Park , in comments to this post : As for me, I would rather be receiving end of cheapshots than participate in an involuntary outting that could result in loss of job and ruined reputation. … Permalink [...]

  • http://duncanriley.com/2006/09/22/is-mike-arrington-and-techcrunch-taking-legal-action-against-techcrush/ duncanriley.com » Is Mike Arrington and TechCrunch taking legal action against Techcrush?

    [...] Mathew Ingram: mathewingram.com/work Says: September 22nd, 2006 at 8:46 pm [...]

  • http://crunchnotes.com/?p=284 CrunchNotes » The Real Story About TechCrush

    [...] Comments on this story TechCrush a non-issue, move along, please, move along… « nerdflood, September 22nd, 2006 […] Hey, did you hear that there’s actually no legal action attempting to derail TechCrush before they have even had a chance to get some content out. It’s true! Apparently, Mike Arrington did NOT send out some vitrolic cease and desist letter. It was more like a nice, professional email suggesting that TechCrush might be infringing on a trademark or two, and hey, wouldn’t it be nice if we could just sit down and talk about our options. It looks as though an agreement was happily and amicably reached: mid day, Sept 21: I speak with my lawyer. we discuss asking them to put a disclaimer on the site that they aren’t affiliated with techcrunch. I send an email to Lutz that says “Hey Lutz, Spoke to my lawyer at length today. How about a statement somewhere, preferably in the header area, that simply says you aren’t affiliated with TechCrunch in any way? If that doesn’t work for you, let’s keep talking…and there is no need to stop posting on the site…looking forward to more good content. Mike” […] Deep Jive Interests » TechCrunch Trademark Tiff Ends Amicably; TechCrunch Lawyers Working Furiously To Secure Trademark?, September 22nd, 2006 […] Mr. Arrington also posted recently: mid day, Sept 21: I speak with my lawyer. we discuss asking them to put a disclaimer on the site that they aren’t affiliated with techcrunch. I send an email to Lutz that says “Hey Lutz, Spoke to my lawyer at length today. How about a statement somewhere, preferably in the header area, that simply says you aren’t affiliated with TechCrunch in any way? If that doesn’t work for you, let’s keep talking…and there is no need to stop posting on the site…looking forward to more good content. Mike” […] Mike should lay off TechCrush — and Dead 2.0 » Mathew Ingram: mathewingram.com/work, September 22nd, 2006 […] Mike has posted a chronology of events here. Still seems kind of pissed at Stowe Boyd. […] :Ben Metcalfe Blog » Blog Archive » Michael Arrington sets the record straight on TechCrush, September 22nd, 2006 […] Micheal has set the record straight (at least from his perspective) by setting out the string of events that have occurred around this issue. […] [...]

  • http://www.developerfusion.co.uk/blogs/archive/2006/09/22 22 Sep 2006 – UK Developer Blogs – Developer Fusion, the UK developer community – VB, ASP, C#, .NET, PHP and XML tutorials & source code

    [...] Edit: check out Mathew Ingram’s post on the Techcrush issue; he also links to related posts from Kent Newsome and Shelley Powers. [...]

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