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Bitcoin => Bitcoin Discussion => Topic started by: sadpandatech on July 09, 2011, 07:42:03 PM



Title: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: sadpandatech on July 09, 2011, 07:42:03 PM
  Greetings Bitcoin Community,


 The story I am linking here shows recent comments from this scandalous lawyer person and should raise some very serious concern amongst anyone who, as many of us do, care about their freedom and are strongly opposed to any entity that threatens it!

http://www.techdirt.com/articles/20110708/00564015004/lawyer-trying-to-trademark-bitcoin-explains-his-legal-theory.shtml

  What started out as something that appeared to be just some random guy trying to register the trademark 'bitcoin' here in the U.S(Original BC Forum Thread; http://forum.bitcoin.org/index.php?topic=26527.0) quickly became something very apparent to be much more sinister.  My primary reasoning for bringing this to the Italian community, beyond the obvious stated reasons is because in his feedback he gave publicy on TechDirt, he states, "So, is the term “Bitcoin” so notorious in Italy, for example, that when the average Italian on the street hears it, he/she immediately thinks of company zeta, and none other? Absolutely not. The same can be said for virtually every other country, including those with very large economies, such as China. In fact, it is virtually assured that no person or entity can claim that the term “Bitcoin” is identified with them in Italy."  The point of which he is trying to convey after stating that Italy is a 'First to File' country was to arrogantly tell us that he thinks he can't be stopped there.

  Furthermore, he has made it very clear in his remarks that his intentions are to be able to have the legal backing to be able to harass legitimate users of 'bitcoin' with the sole intention of achieving some monetary or other real world gains surreptitiously in any manner that he can 'legally'(I use the term 'legally' very, very loosley here) get away with it.


  I highly recommend that if you have any interests with 'bitcoin' in Italy(or any where else for that matter), be they business or otherwise that you keep close eye on this guy with your Trademark office. Sadly, I know nothing of how one would protest such things in Italy.  I can say that in the U.S while someone has newly filed it takes only going to the trademark office online and protesting such a frivolous claim and it cost nothing to do so. What I do know however is that it is much easier to combat such things before they have been snuck through.

  One last note. While I highly encourage discussing this matter amongst the community I must stress that caution should be granted to what information we choose to convey publicly. Our lawyer person, while he may be a slimeball and not have a valid leg to stand on has shown that he is no stranger to using any and all things publicly presented in any manner that may benefit himself.


  Thank you very much for your time reading this and for your support of a community, currency and ideal that has the potential to truely free us all! If you have any questions, especially with understanding anything in my poor translation please don't hesitate to contact me and I will do my best to clearify anything that is of question to you.


This orginal posting can be found in Italian here; http://forum.bitcoin.org/index.php?topic=27410.0


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: error on July 09, 2011, 07:48:44 PM
I recommend everyone (not in the US) watch for this scumbag in your country's trademark office.


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: RandyMarsh on July 09, 2011, 07:55:54 PM
ah he's being so openly devious, he cant possibly get away with anything this way


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: niooron on July 09, 2011, 08:09:59 PM
Probably just a troll that registered with the guy's name.


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: w1R903 on July 09, 2011, 08:33:45 PM
Probably just a troll that registered with the guy's name.

That's what I thought might be the case at first.  But when you look into this guy's past, it definitely fits his pattern of scheming and publicity seeking.  Look at his web site.  No, this is really Michael Pascazi.


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: sadpandatech on July 09, 2011, 08:37:01 PM
Probably just a troll that registered with the guy's name.

sadly no, as it is in very tight fit to the statements he has made in direct reply to emails as well....


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: airdata on July 09, 2011, 09:22:03 PM
guys... it's ok.

I just trademarked 'dirty sanchez'.  Now every time somebody talks about it or performs the act, they have to pay me royalties.


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: DaMan on July 10, 2011, 06:23:18 PM
In Europe the following company try to register the trademark 4 days ago. And because they are the first ones they will have a good chance because it seems that noone else have earlier rights? Or did the Bitcoin project owners register the trademark?

Name:   Tibanne Co. Ltd.
Nummer:   465698
Natürliche/juristische Person:   juristische Person
Anschrift:   Cerulean Tower 15F 26-1 Sakuragaoka-Cho
Postleitzahl:   150-8512
Stadt:   Shibuya Tokyo
Staat:    JAPAN
Korrespondenzanschrift:   Tibanne Co. Ltd.  Cerulean Tower 15F 26-1 Sakuragaoka-Cho Shibuya Tokyo 150-8512 JAPÓN
Telefon-Nummer:   00 81-345501529
Fax:   00 81-345883915

Regards.


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: randomguy7 on July 10, 2011, 06:27:21 PM
This is mtgox, isn't it?

DaMan, do you have a link to the source of your data?


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: The_JMiner on July 10, 2011, 06:48:22 PM
This is mtgox, isn't it?

DaMan, do you have a link to the source of your data?

isnt mtgox located in japan?


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: hazek on July 10, 2011, 06:49:44 PM
I didn't realize Bitcoin the software was bound to Bitcoin the word?  ::)


I say let him do what he wants and if he actually manages to get some rights and tries to enforce them, we just switch to a different word  ;D


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: proudhon on July 10, 2011, 06:53:22 PM
I didn't realize Bitcoin the software was bound to Bitcoin the word?  ::)


I say let him and if he actually manages to get some rights and tries to enforce them, we just switch to a different word  ;D

We should call them 'Pascazis'.


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: imperi on July 10, 2011, 06:54:53 PM
I didn't realize Bitcoin the software was bound to Bitcoin the word?  ::)


I say let him and if he actually manages to get some rights and tries to enforce them, we just switch to a different word  ;D

We should call them 'Pascazis'.

Makes perfect sense, he is the founder after all.  :D


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: im3w1l on July 10, 2011, 06:57:17 PM
Anyone knows trademark generization is applicable in the EU?

http://en.wikipedia.org/wiki/Genericized_trademark


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: Grant on July 10, 2011, 07:00:25 PM
Anyone knows trademark generization is applicable in the EU?

http://en.wikipedia.org/wiki/Genericized_trademark

I believe it is, why ?


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: Meatpile on July 10, 2011, 07:10:35 PM
I assume this is some sort of stunt against the legal push to "first to file" patents?

Then again who cares, what is he going to do track down every single bitcoin transaction and demand a fee or something? Or can he just sue people who use the word bitcoin in store windows and on websites?


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: epi 1:10,000 on July 10, 2011, 07:11:48 PM
This is mtgox, isn't it?

DaMan, do you have a link to the source of your data?

Yep thats MtGox.  If they secure the trademark and have a reasonable license, like Linux, then then they get so many browny points it erases there past foibles and then some.


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: DaMan on July 10, 2011, 07:14:19 PM
This is mtgox, isn't it?

DaMan, do you have a link to the source of your data?

It is, go here, and search for "Bitcoin", http://tmview.europa.eu/tmview/welcome.html it will result in 2 entires.




You have to look at the Nice Classes. Tibanne Co. registerd the correct classes 9, 35, 38 and 42 which are mostly used for internet, networks, etc...

But class 36 stands also for »banking, brokerage, capital investment ...«

So if Tibanne have stuff like this in their trademark business description, the owner of Bitcoin class 36 may file an objection.

Source: http://www.wipo.int/classifications/nivilo/nice/index.htm?lang=EN


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: epi 1:10,000 on July 10, 2011, 07:25:47 PM

You have to look at the Nice Classes. Tibanne Co. registerd the correct classes 9, 35, 38 and 42 which are mostly used for internet, networks, etc...

But class 36 stands also for »banking, brokerage, capital investment ...«

Source: http://www.wipo.int/classifications/nivilo/nice/index.htm?lang=EN

So who is the person in Portugal that owns the trademark????


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: Jered Kenna (TradeHill) on July 10, 2011, 07:27:59 PM
It's been trademarked in Chile and it wasn't us.
I don't believe it's the same guy but hard to say, may just have a Chilean working for him.
-Jered


Title: Re: U.S Lawyer making subversive grab for 'bitcoin' globally!
Post by: trentzb on July 10, 2011, 07:29:05 PM
This guy is shooting himself in the foot for at least two reasons.

1) If he trademarks Bitcoin anywhere he will inhibit adoption of Bitcoin by mainstream thus inhibiting his potential revenue. If a merchant has to pay fees to this guy to utilize the name and/or accept Bitcoin what is to persuade them to use Bitcoin over Visa/MC/Other?

2) He apparently doesn't realize yet that possessing legal rights (wherever) doesn't prevent or provide protection against DDoS/doxing and other similar attacks.

For his sake I hope he finds some clue soon.