Title: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: MtRev on July 08, 2011, 10:40:18 PM First, he claimed that "for strategic reasons," he and his wife had abandoned the US trademark filing... but, at the same time, they've commenced trademark applications in other countries, which have a first to file rule, rather than a first to use:
Quote Simultaneously therewith, trademark applications have begun in those civil law countries, wherein, "first to use" status is not recognized as a defense to trademark registration. These civil law countries, which account for most of the world's population, and land mass, only recognize a "first to file" basis for trademark registration. The penalties for infringing trademarks in those civil law "first to file" countries are as severe as the common law jurisdictions, such as the USA, UK, Canada, Australia, etc., which utilize a "first to use" basis. Therefore, jumping up and down exhorting that "Bitcoin" has been in use in the USA, or another common law country, since the dark ages is no defense, repeat no defense, to a claim of infringement of a properly registered mark in a "first to file" jurisdiction. Read the full story here: http://www.techdirt.com/articles/20110708/00564015004/lawyer-trying-to-trademark-bitcoin-explains-his-legal-theory.shtml Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: Fakeman on July 09, 2011, 12:48:41 PM Step 4: ???
Step 5: Profit! Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: epi 1:10,000 on July 09, 2011, 03:23:02 PM What can be done to stop this guy?????
Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: MtRev on July 09, 2011, 03:24:34 PM He may not be able to do it in the US, but I don't think there anything we can do in other countries.
Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: epi 1:10,000 on July 09, 2011, 03:33:46 PM Is there anyway the community can file an ethics claim against this
Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: Raoul Duke on July 09, 2011, 03:57:28 PM It's already done :o Can be seen here http://servicosonline.inpi.pt/pesquisas/GetSintesePDF?nord=3426931 PDF file! I can be wrong, but i suspect whoever registered it is just a squatter, just like that lawyer, as they don't seem very technological to me, seeing as they don't even have a website for the company ??? The good news are, they must sell at least one product every 10 years using the trademark, or else they lose the right to it(probably they'll just have to pay to register it again). Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: qwk on July 09, 2011, 05:26:01 PM Relax.
Trademarks may be dealt out on a first-to-file rule in many countries. But: it does not necessarily follow that he will be able to sue anybody who used them before. Here in Germany for example, it is absolutely valid to claim a trademark on a first-to-file basis. It is also possible to sue somebody who violates your trademark after you filed it. But your claim of the trademark is restricted to new businesses using your trademark for that same purpose, you claimed it for. And, in addition to that, your trademark may still be invalid for the use you were trying to claim it for, if earlier use can be proven. In the end, what we will probably end up with, is a lawyer who will try to scare / blackmail new smaller businesses into paying a small royalty for use of his trademark. That is already an "established businessmodel" here in Germany, but sooner or later, a lot of these guys end up losing their trademark / their lawyer status, and finally some of them even end up in jail. Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: epi 1:10,000 on July 09, 2011, 05:31:46 PM In the end, what we will probably end up with, is a lawyer who will try to scare / blackmail new smaller businesses into paying a small royalty for use of his trademark. That is already an "established businessmodel" here in Germany, but sooner or later, a lot of these guys end up losing their trademark / their lawyer status, and finally some of them even end up in jail. I would certianly like to see Michael Pascazi sanctioned. Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: Raoul Duke on July 09, 2011, 06:06:26 PM I would certianly like to see Michael Pascazi (http://michaelpascaziscammer.com) sanctioned. Well, we can start by giving the moron a bad name! I opened up a website called Michael S. Pascazi is a scammer! (http://michaelpascaziscammer.com) Please go there and write something about what he is doing. No need to regsiter to submit a post! With a bit of luck maybe it can reach google's first page for Michael S. Pascazi (http://michaelpascaziscammer.com) searches. :D Oh, it would help if every time someone writes his name it get's hyperlinked there, like this Michael S. Pascazi (http://michaelpascaziscammer.com) ;) Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: sturle on July 09, 2011, 06:53:26 PM I would certianly like to see Michael Pascazi (http://michaelpascaziscammer.com) sanctioned. I opened up a website called Michael S. Pascazi is a scammer! (http://michaelpascaziscammer.com)Shouldn't hurt to register Michael S. Pascazi as a trademark for swindle everywhere either. Or human feces and other things which one naturally associate the name with. Perhaps only Pascazi, in case it can be disputed if we use the full name. "Pascazi (http://michaelpascaziscammer.com) the retarded lawyer" action figures could be a hit. Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: qwk on July 09, 2011, 07:22:14 PM I would certianly like to see Michael Pascazi (http://michaelpascaziscammer.com) sanctioned. Well, we can start by giving the moron a bad name! I opened up a website called Michael S. Pascazi is a scammer! (http://michaelpascaziscammer.com) I guess it would be easier to write a good article about him and what he does, and post that to wikipedia. #1 google rank for that is almost certain. Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: bittersweet on July 09, 2011, 07:26:53 PM Perhaps Bitcoin assassination market wasn't such a bad idea...
Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: Raoul Duke on July 09, 2011, 08:38:33 PM I will wait for his lawsuit because of my website :D
Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: Raoul Duke on July 10, 2011, 01:50:19 AM oops www.google.com/search?q=Michael+S.+Pascazi
is it just me or did it went straight to #5? :o C'mmon guys, everybody give it a +1 on the google search for Michael S. Pascazi (http://michaelpascaziscammer.com/) :D :D :D :D :D Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: epi 1:10,000 on July 10, 2011, 07:52:24 PM So who can we trust to file the trademark stuff in the USA?
Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: myrkul on July 10, 2011, 07:58:45 PM So who can we trust to file the trademark stuff in the USA? I say we leave it without. Who cares about that shit anyway? Title: Re: Lawyer Trying To Trademark Bitcoin Explains His Legal Theory Post by: Fakeman on July 11, 2011, 01:20:49 PM I believe this effort will most likely be completely fruitless in financial terms even if it succeeds. Worst case scenario, people operating bitcoin related sites in the affected countries will have to move their servers elsewhere or just call bitcoins something else, e.g. just plain "coin". Try trademarking that.
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