Trademark

Use of the Word “Outernet”

The term "outernet" is a generic term for the internet in outer space, which based on its usage in the media and by various entities as a generic term, it can be used by anyone.

In the same way that no one owns the word “internet”, no one can own the word “outernet”.

Building the internet in space based on common standards and broad interoperability depends on private entities agreeing not to engage in conflicts about intellectual property where it is not in the common interest to do so.

Trademarks and intellectual property seek to balance protecting private ingenuity with the public good and just like the many standards that we hope to work on together, the Outernet Council believes that the term “Outernet” should be freely available for any one to use.

Defining a Generic Term

A generic term is a word or phrase that becomes the common name for an entire class of goods or services, like "pen" or "apple." Generic terms cannot be protected as trademarks because they are the common names for the goods or services they represent. Everyone is entitled to use generic terms to refer to the goods or services they describe.

To determine if a term is generic, the question is whether the public perceives the term as the name of a type of product or service rather than a specific brand.

Analysis

The term "outernet" is widely used in media to describe the concept of internet in space, not a specific service. For example, articles discuss the Pentagon and Space Force's plans for a space-based internet, referring to it as "outernet." See, e.g., Breaking Defense: Into the ‘outernet’, https://www.enveil.com/breaking-defense-into-the-outernet/;  Space Force eyes ‘outernet’ for better dataflow in orbit, https://www.c4isrnet.com/battlefield-tech/space/2023/04/26/space-force-eyes-outernet-for-better-data-flow-in-orbit/; Pentagon Wants To Demo Space Internet Capabilities This Year, https://www.defenseone.com/defense-systems/2023/06/pentagon-wants-demo-space-internet-capabilities-year/387443/. Into the ‘outernet: Secure ‘internet in space’ key to future Space Force hybrid architecture, https://breakingdefense.com/2022/07/into-the-outernet-secure-internet-in-space-key-to-future-space-force-hybrid-architecture/. These articles use "outernet" to describe a general concept, not a specific product or service. This widespread usage suggests that the public views "outernet" as a generic term for internet in space. 

Additionally, given the phonetic and visual similarities between "outernet" and "internet," consumers are likely to view the respective terms in the same generic light. The term "internet" is universally recognized as the global system of interconnected computer networks that use the Internet protocol suite (TCP/IP) to communicate between networks and devices. The term "outernet," by its very nature, closely resembles "internet" both in sound and appearance. This resemblance can lead consumers to perceive "outernet" as a variation or extension of the concept of the internet, rather than as a distinct and unique term.

The prefix "outer-" suggests something external or beyond, which could imply an extension of the existing internet infrastructure or services. This association can cause consumers to interpret "outernet" as a generic term that describes a broader or alternative network system, rather than a specific brand or service. As a result, the distinctiveness of "outernet" is diminished, and it is more likely to be viewed in the same generic light as "internet."

Conclusion

Given this analysis, the Outernet Council encourages the use of the “Outernet” as a generic term.