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Alternate cryptocurrencies => Altcoin Discussion => Topic started by: cryptodromeda on June 13, 2015, 11:36:10 AM



Title: Cease and desist notification issued to Monero
Post by: cryptodromeda on June 13, 2015, 11:36:10 AM
Can anyone shed some light on what is going on?


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: sdmathis on June 13, 2015, 12:16:33 PM
I'm not a Monero holder, but I occasionally trade it and would be very interested in knowing what you're talking about. Please provide some references.


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: generalizethis on June 13, 2015, 12:21:50 PM
Is this in reference to the newb account on reddit who made claims about Monero, but won't provide evidence because "they are protecting their source themselves?"  Or in plain speak: a shorter probably went rogue and decided rumor might destroy what facts can't.  ;)

*www.reddit.com/r/CryptoMarkets/comments/39hdqh/xmr_trading_is_suspended_on_bter_and_trademark_cd/

I was off and on both the forums he mentioned most of yesterday and didn't see a thing posted on this. Unless others can corroborate,  the guy or girl is most likely lying.


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: billotronic on June 13, 2015, 12:37:51 PM
any links on this other then the bs post on reddit?


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: generalizethis on June 13, 2015, 12:48:34 PM
Polo trollbox MOD said it's FUD. Good luck with your short positions.  ;D


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: generalizethis on June 13, 2015, 02:04:45 PM
Polo trollbox MOD said it's FUD.

IRC says otherwise.

No-one is trying to short, at least not as far as I know. As investors however we have a right to know what is going on, especially if XMR is soon to be toast.

"Keeping things under wraps" is not acceptable.

Citations needed--asking for proof is not keeping things under wraps, it is not jumping to the wrong conclusion in what so far has been a newb post (that i had to find) on reddit that has zero citations. By the way, if you look at the copyright for Moneero it is for 2015 and not 2014 when Monero was branded. I'm guessing Moneero added an e to keep from being sued by Monero, not vice versa.

Until some proof is provided, I'm going to err on the side of motivated party spreading FUD.


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: sdmathis on June 13, 2015, 02:06:09 PM
I'm not a Monero holder, but I occasionally trade it and would be very interested in knowing what you're talking about. Please provide some references.

All I know is what people are whispering and that is that a company called Moneero (https://moneero.com/en/) has issued a cease and desist notification to Monero.

i.e Basically Monero has 14 days to shutdown voluntarily or be shutdown by the law.



Actually, if a Cease and Desist order is ignored, they may be sued.

After looking at this a bit closer, it appears to be nothing but BS. If Monero actually received such an order, my guess is that they will just ignore it. It's simply an harassment C&D (if it exists at all).


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: Zetacoin Express on June 13, 2015, 03:00:53 PM
This is unfortunate for Monero, but MONEERO has every right here.  They where first and Monero should have done some basic due dilligence.

However, a did a basic trademark search in the U.S. and it does not appear to be registered.  So at least in the US they may have a fighting chance.


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: whap on June 13, 2015, 03:21:56 PM
moneero is a small uruguayan BTC startup, they are going to shutdown monero worldwide once and for all  ::)

so much BS talk just hurts...


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: Hueristic on June 13, 2015, 03:26:56 PM
W0w anyone that believes this is a retard, it's not even spelled the same.  ::)


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: ArticMine on June 13, 2015, 04:42:22 PM
There is a registered trademark for Moneero in the United States to
Quote
Moneero S.A. sociedad anonima (sa) URUGUAY World Trade Center, Tower III Avd. Luis Alberto de Herrera 1248 Montevideo 11300 URUGUAY 11300
as per the USPTO. They claim
Quote
IC 036. US 100 101 102. G & S: Electronic commerce payment services, namely, establishing funded accounts used to purchase goods and services on the Internet; Financial services, namely, providing on-line stored value accounts in an electronic environment; Financial transaction services, namely, providing secure commercial transactions and payment options; Providing an internet website portal in the field of financial transaction and payment processing services. FIRST USE: 20130927. FIRST USE IN COMMERCE: 20131207
The registration number is  86158015. so far so good. I see however a problem here: Most if not all the services they claim trademark / servicemark rights over require registration with FinCEN and there is no record of a FinCEN registration for Moneero S.A at http://www.fincen.gov/financial_institutions/msb/msbstateselector.html (http://www.fincen.gov/financial_institutions/msb/msbstateselector.html).

I do not know if any cease and desist letters have been sent and to whom. The first question that comes to my mind is does the defence of "Unclean Hands" http://definitions.uslegal.com/u/unclean-hands/ (http://definitions.uslegal.com/u/unclean-hands/) apply to a situation where a company is claiming trademark infringement in the United States over services that require registration with FinCEN, and the company is not registered as an MSB with FinCEN?

Now where else did I see the defence of "unclean hands" claimed in trademark disputes involving crypto-currencies?


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: bathrobehero on June 13, 2015, 04:53:09 PM
I'm not a Monero holder, but I occasionally trade it and would be very interested in knowing what you're talking about. Please provide some references.

All I know is what people are whispering and that is that a company called Moneero (https://moneero.com/en/) has issued a cease and desist notification to Monero.

i.e Basically Monero has 14 days to shutdown voluntarily or be shutdown by the law.

Interesting, so
Moneero is a mobile money system, based on open technology, and accessible through all channels.
founded in 2013.

I can see why they are pissy but I'm not sure who exactly they are sending the C&D orders.


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: sdmathis on June 13, 2015, 05:12:51 PM
Here's a question. If Monero is decentralized and without central authority, who could they send such a letter to? And if someone or some organization is held liable (if they ignore the letter), what would that say about the decentralized status of Monero in particular as well as decentralization of all digital currency?


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: G2M on June 13, 2015, 05:32:04 PM
More importantly, being a decentralized body with no real representative or responsible party, could they send the cease and desist letters to github and/or sourceforge regardless of whether there is someone to send the letter to


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: ArticMine on June 13, 2015, 05:33:20 PM
Here's a question. If Monero is decentralized and without central authority, who could they send such a letter to? And if someone or some organization is held liable (if they ignore the letter), what would that say about the decentralized status of Monero in particular as well as decentralization of all digital currency?

It is a great question and the decentralized status of Monero could easily make the term Monero impossible to trademark especially given that it is also used as a noun. The International Trademark Association has a brochure on what happens to trademarks when they are used as nouns or verbs. http://www.inta.org/Media/Documents/2012_TMUseMediaInternetPublishing.pdf (http://www.inta.org/Media/Documents/2012_TMUseMediaInternetPublishing.pdf). In reality this can become no different than trying to trademark "gold" as a form of money. Now if we are dealing with a centralized form of digital currency this is another matter entirely.

Edit: Sending a cease and desist letter can also open the possibility of litigation against the sender by those who are impacted. In the case of a decentralised currency such as Monero this can be anyone who holds, trades or does any business involving Monero.


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: aerbax on June 13, 2015, 05:44:50 PM

It is a great question and the decentralized status of Monero could easily make the term Monero impossible to trademark especially given that it is also used as a noun.
...

Excellent points - especially the noun part.

While this seems like a negative in the very near term, the publicity may not be all bad.


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: bathrobehero on June 13, 2015, 05:46:29 PM
Here's a question. If Monero is decentralized and without central authority, who could they send such a letter to? And if someone or some organization is held liable (if they ignore the letter), what would that say about the decentralized status of Monero in particular as well as decentralization of all digital currency?

My thoughts exactly. My guess is this would go differently than what was the case with the Kanye West coin 'Coinye'. In that case they sent the C&D letter to an email address of the presumable creators of the coin (coinyewest@gmail.com). Among other hilarious things like the dev team sending their own C&D letter to Kanye, there was a lawsuit against the creators of the coin prompting them to sell their Coinye holdings and leave the project. Eventually they dumped their coins and abandoned the project but the lawsuit probably had nothing to do with that.


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: celestio on June 13, 2015, 05:49:14 PM
"Moneero" is registered in a small South American country  and has no ties to "Monero" which stands for a decentralized currency. They are words in different languages, presumably, so this c n d is worthless. I believe it's all lies/fud regardless.



Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: ArticMine on June 13, 2015, 05:51:34 PM
"Moneero" is registered in a small South American country and has no ties to "Monero". They are words in different languages, presumably, so this c n d is worthless. I believe it's all lies/fud regardless.

For starters I have not seen any evidence of Moneero S.A. sending any c&d letters to anyone.


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: JobCreator on June 13, 2015, 07:04:04 PM
"Moneero" is registered in a small South American country  and has no ties to "Monero" which stands for a decentralized currency. They are words in different languages, presumably, so this c n d is worthless. I believe it's all lies/fud regardless.

Doesn't matter if the words are spelled differently.  The two names are similar and fall under the same Goods and Services category.

It's like if I were to open a hamburger restaurant, and name it "Whendees"


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: celestio on June 13, 2015, 08:05:02 PM
"Moneero" is registered in a small South American country  and has no ties to "Monero" which stands for a decentralized currency. They are words in different languages, presumably, so this c n d is worthless. I believe it's all lies/fud regardless.

Doesn't matter if the words are spelled differently.  The two names are similar and fall under the same Goods and Services category.

It's like if I were to open a hamburger restaurant, and name it "Whendees"

Something interesting I saw here: http://www.coindesk.com/mt-gox-sell-bitcoin-trademark-buyer-enforce/

"Saper suggested that Tibanne was granted the bitcoin trademark because at the time, the digital currency was not well known among government officials and regulators. As a result, it’s possible that the company acquired the trademark simply because whoever approved it didn’t know that bitcoin was a generic term, she said, explaining:"

"First, because Tibanne was not the originator of the term, anyone who subsequently purchases it would have to prove that the word hadn’t entered general usage prior to time the trademark was first acquired. The word first appeared in 2009 in Satoshi Nakamoto’s original white paper."

-The word "Monero" has been around a lot longer than when "Moneero" got trademarked in 2013 and seems generic enough considering it means "coin" in the Esperanto language, so goodluck with the fake C & D. (Not much into law, just pointing it out).


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: Spoetnik on June 13, 2015, 09:44:56 PM
"Moneero" is registered in a small South American country  and has no ties to "Monero" which stands for a decentralized currency. They are words in different languages, presumably, so this c n d is worthless. I believe it's all lies/fud regardless.

Doesn't matter if the words are spelled differently.  The two names are similar and fall under the same Goods and Services category.

It's like if I were to open a hamburger restaurant, and name it "Whendees"

examples ? that sounds like bs..


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: billotronic on June 14, 2015, 12:29:21 AM
"Moneero" is registered in a small South American country  and has no ties to "Monero" which stands for a decentralized currency. They are words in different languages, presumably, so this c n d is worthless. I believe it's all lies/fud regardless.

Doesn't matter if the words are spelled differently.  The two names are similar and fall under the same Goods and Services category.

It's like if I were to open a hamburger restaurant, and name it "Whendees"

examples ? that sounds like bs..

what, you came back from retirement and forgot how to fucking google something? really?


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: trollercoaster on June 14, 2015, 12:38:46 AM
It's bullshit, there's probably hundreds of companies who have trademarked 'nxt' 'bit' 'byte' etc, monero translates to currency, it's stupid to believe this is even enforcable.


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: G2M on June 14, 2015, 12:40:59 AM
"Moneero" is registered in a small South American country  and has no ties to "Monero" which stands for a decentralized currency. They are words in different languages, presumably, so this c n d is worthless. I believe it's all lies/fud regardless.

Doesn't matter if the words are spelled differently.  The two names are similar and fall under the same Goods and Services category.

It's like if I were to open a hamburger restaurant, and name it "Whendees"

examples ? that sounds like bs..

Well, it goes like this:

"Two all beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun."

Except if whendees started using that phrase, little oompa loompas would come out and take augustus out of the chocolate factory.

Kinda like that.


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: samson on June 14, 2015, 01:52:34 AM
I usually place cease and desist letters where they belong, in the trash.

Take action if they file a lawsuit which will probably never happen.


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: KennyTheMartian on June 14, 2015, 05:31:52 AM
Far-fetched


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: Este Nuno on June 14, 2015, 07:22:09 AM
What would they even do? File a lawsuit against who exactly? The devs? Are the devs even responsible for the name of a decentralised system?


Title: Will trolls ever learn Monero is not going anywhere?
Post by: kazuki49 on June 14, 2015, 10:06:36 AM
https://en.wikipedia.org/wiki/Loaded_question



Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: lordoliver on June 14, 2015, 11:40:02 AM
Ridiculous. IF there was a name violation, then it would have been by moneero...
A registered trademark can be rejected easily, if someone else had already a webpage before.


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: vokain on June 14, 2015, 03:01:35 PM
Hm, I think I returned them feedback that moneero might be confused with the Monero Project when they solicited the BitAngels mailing list in April.  

r.laverde@moneero.com
"BizDev Jedi of moneero"

Quote
Hi Antony

you know that I have recently joined the MONEERO team as their Biz Dev Jedi ;)
I am also helping with their current seed round and I wanted to ask you a favor:
Could you take a look at their pitch deck and give me your opinion?

pitch deck - full: https://view.attach.io/7yRWJf53
pitch deck - short: https://view.attach.io/7yCsMZ~a
fin. forecast: https://view.attach.io/717grfMn

It would be awesome to hear your feedback and ideas. I want to make sure they are on
track. Maybe you have also an idea whom they should be talking to?

Thanks a lot!

Rafa

A cease and desist notice is kind of a scummy move. Guy never responded to me either.


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: Hueristic on June 14, 2015, 03:14:41 PM
Not to mention (guess I am) that even if this coin ever changes it's name it would not be a rebrand apparently the OP doesn't even know what a rebrand is.


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: bathrobehero on June 14, 2015, 04:38:58 PM
It's not a loaded question. It was a genuine request for clarity. However, I've since spoken to the devs privately and they have confirmed that they are on top of the situation. It's potentially very serious, and right now it is best that the details are kept private. That said, if you have any particular concerns I'd suggest contacting the devs directly.

Yeah because that always works out nicely. /s


Title: Re: Will Monero have to rebrand because of the cease and desist notification?
Post by: dEBRUYNE on June 14, 2015, 04:41:22 PM
It's not a loaded question. It was a genuine request for clarity. However, I've since spoken to the devs privately and they have confirmed that they are on top of the situation. It's potentially very serious, and right now it is best that the details are kept private. That said, if you have any particular concerns I'd suggest contacting the devs directly.

Why are you making such a fuss on bitcointalk then?


Title: Re: Cease and desist notification issued to Monero
Post by: Hueristic on June 18, 2015, 04:54:14 PM
Someone has asked me to unlock this topic. So there you go.

Someone huh? Lol


Title: Re: Cease and desist notification issued to Monero
Post by: coinits on June 18, 2015, 05:55:55 PM
This is like someone issuing a cease and desist for someone using the word Money and the party has a trademark called Moneey.

You can't sue. Fucking stupid!


Title: Re: Cease and desist notification issued to Monero
Post by: Nxtblg on June 18, 2015, 06:08:20 PM
This is like someone issuing a cease and desist for someone using the word Money and the party has a trademark called Moneey.

Mooney. :)