Bitcoin Forum

Bitcoin => Bitcoin Discussion => Topic started by: Onar on May 09, 2014, 11:12:14 AM



Title: Bitcoin logo, bitcoin, BTC etc patented, copyrighted/trademarked?
Post by: Onar on May 09, 2014, 11:12:14 AM
Is the bitcoin logo and the word bitcoin, BTC, Satoshi etc copyrightet, trademarked or patented in some way by any?

Can everyone use the logo and words on their website or products as a t-shirt or others without getting a angry lawyer on their back? From one that has copywrited it?

Just curios....And of importance to many i think?


Title: Re: Bitcoin logo, bitcoin, BTC etc patented, copyrighted/trademarked?
Post by: hilariousandco on May 09, 2014, 11:40:57 AM
I think the copyright was actually bought/owned by Mt. Gox or Karpales, but they apparently only bought it to stop somebody else buying it and using it unscrupulously. I'm not sure what will happen to with the gox fiasco though as it might be counted as an asset and could be seized, but forgetting that, you are free to use it as you wish currently.


Title: Re: Bitcoin logo, bitcoin, BTC etc patented, copyrighted/trademarked?
Post by: doof on May 09, 2014, 11:49:42 AM
Is the bitcoin logo and the word bitcoin, BTC, Satoshi etc copyrightet, trademarked or patented in some way by any?

Can everyone use the logo and words on their website or products as a t-shirt or others without getting a angry lawyer on their back? From one that has copywrited it?

Just curios....And of importance to many i think?

Not if it has been released to the public domain


Title: Re: Bitcoin logo, bitcoin, BTC etc patented, copyrighted/trademarked?
Post by: sgbett on May 09, 2014, 12:16:10 PM
IANAL but I'm fairly sure copyright is not applicable here, there is no 'work' as such just a name. This would potentially be covered by trademark.

Trademark can be for names (words) or branding (logos, trade dress, etc)

As I understand it you can't trademark actual 'things', particularly if you are in the line of work

i.e. windows only works because its the name of an OS. A glazing company could not trademark 'Windows'
apple only works because they are a tech firm, they couldn't trademark the user of 'apple' for fruit products
etc

This is my understanding of UK law, and I suspect it is broadly similar for other jurisdictions.

I think bitcoin has now become a 'thing' albeit virtual, and so I would be surprised if you could trademark the word. You could possibly trademark a particular BTC logo, or the BTC symbol. Which may be what gox/karpales done.

OF course we are on the speculation board here, which is why my post contains no actual facts ;)


Title: Re: Bitcoin logo, bitcoin, BTC etc patented, copyrighted/trademarked?
Post by: Onar on May 09, 2014, 12:30:26 PM
I think the copyright was actually bought/owned by Mt. Gox or Karpales, but they apparently only bought it to stop somebody else buying it and using it unscrupulously. I'm not sure what will happen to with the gox fiasco though as it might be counted as an asset and could be seized, but forgetting that, you are free to use it as you wish currently.

Did MT.GOX patent the word bitcoin, BTC and logo or just the bitcoin word? For example could they patent the logo, I mean the B with the circle?

As I read regards to patents previously you can patent a word specificly to a product, service and other. For example if you patent the name moonbike to your product for example motorcycles, other can patent the ame moonbike to a other product as long as it is not in directly competition.

Also
In general it would be hard to patent the word for example in every country, some country has the first applicant use for example In France, others have that you must pove you have the product or other to claim itfor example US. Just wondering because I have a project ongoing, and its not good to waste time on it if someone will block such a interesting thing for the community nd get fined and much other trouble.


Title: Re: Bitcoin logo, bitcoin, BTC etc patented, copyrighted/trademarked?
Post by: guybrushthreepwood on May 09, 2014, 12:31:21 PM
This is my understanding of UK law, and I suspect it is broadly similar for other jurisdictions.

I think bitcoin has now become a 'thing' albeit virtual, and so I would be surprised if you could trademark the word. You could possibly trademark a particular BTC logo, or the BTC symbol. Which may be what gox/karpales done.

OF course we are on the speculation board here, which is why my post contains no actual facts ;)

Different countries have different laws. Some trademarks wont be valid or applicable in others.


Title: Re: Bitcoin logo, bitcoin, BTC etc patented, copyrighted/trademarked?
Post by: hilariousandco on May 09, 2014, 12:33:42 PM
I think the copyright was actually bought/owned by Mt. Gox or Karpales, but they apparently only bought it to stop somebody else buying it and using it unscrupulously. I'm not sure what will happen to with the gox fiasco though as it might be counted as an asset and could be seized, but forgetting that, you are free to use it as you wish currently.

Did MT.GOX patent the word bitcoin, BTC and logo or just the bitcoin word? For example could they patent the logo, I mean the B with the circle?

I've no idea on the specifics, but I'm not sure if it extends to the logo, but just the term 'Bitcoin'.

This is my understanding of UK law, and I suspect it is broadly similar for other jurisdictions.

I think bitcoin has now become a 'thing' albeit virtual, and so I would be surprised if you could trademark the word. You could possibly trademark a particular BTC logo, or the BTC symbol. Which may be what gox/karpales done.

OF course we are on the speculation board here, which is why my post contains no actual facts ;)

Different countries have different laws. Some trademarks wont be valid or applicable in others.

As I mentioned above, I think the reasoning of buying it was to stop somebody else from a country where it's possible to snap it up and use it.


Title: Re: Bitcoin logo, bitcoin, BTC etc patented, copyrighted/trademarked?
Post by: Onar on May 09, 2014, 12:40:28 PM
IANAL but I'm fairly sure copyright is not applicable here, there is no 'work' as such just a name. This would potentially be covered by trademark.

Trademark can be for names (words) or branding (logos, trade dress, etc)

As I understand it you can't trademark actual 'things', particularly if you are in the line of work

i.e. windows only works because its the name of an OS. A glazing company could not trademark 'Windows'
apple only works because they are a tech firm, they couldn't trademark the user of 'apple' for fruit products
etc

This is my understanding of UK law, and I suspect it is broadly similar for other jurisdictions.

I think bitcoin has now become a 'thing' albeit virtual, and so I would be surprised if you could trademark the word. You could possibly trademark a particular BTC logo, or the BTC symbol. Which may be what gox/karpales done.

OF course we are on the speculation board here, which is why my post contains no actual facts ;)

Yes, much of you thinking I support. Regards to the word.

But lets say i would use the logo to a specific niche in the physical world that not compete with MT.GOX. MT.GOX  probably patent the logo towards the specific e-currency and use on internet. Lets talk about t-shirt (even though it is not the actual case), Lets say I create clothes series which I use the bitcoinlogo, and patent the logo regards to the clothes (as I read, a word can be patented of different people when its different non competing products). Is it possible to patent the logo directly to a specific physical non competing product for example as a MT.gox exchange?

To ensure any readers this is just a created case, I just have the interest and I am not making  or selling T-shirts or other;)


Title: Re: Bitcoin logo, bitcoin, BTC etc patented, copyrighted/trademarked?
Post by: Onar on May 09, 2014, 01:17:44 PM
Is the bitcoin logo and the word bitcoin, BTC, Satoshi etc copyrightet, trademarked or patented in some way by any?

Can everyone use the logo and words on their website or products as a t-shirt or others without getting a angry lawyer on their back? From one that has copywrited it?

Just curios....And of importance to many i think?

Not if it has been released to the public domain

Do not understand which question your answer is to....


Title: Re: Bitcoin logo, bitcoin, BTC etc patented, copyrighted/trademarked?
Post by: JPage on May 09, 2014, 07:28:14 PM
OK-

Here is full legal explanation in detail.  

While the word 'bitcoin' was at one time registered as a trademark, it is no longer protectable as a trademark and can be removed from the register at any time that someone decides to bring a challenge.

This is due to the fact that any mark loses its ability to be a registered mark as soon as the mark no longer operates to 'identify the source of goods'.  It is an absolute necessity that any registered mark 'identify a source of commercial goods'.  Therefore, 'bitcoin' is no longer entitled registration as a trademark because that word does not indicate which commercial company 'produced' the product (ie cryptocurrency units) being purchased in connection with use of the word.

That is all folks.  There is nothing else to consider.  

While 'bitcoin' may in fact unfortunately remain on the register, any person who objects would easily win a case against the person(s) asserting exclusive rights (Karpeles, Gox, NewGox) to use 'bitcoin' in commerce because the word no longer operates as all trademarks must: 'to identify a source of goods'.  Therefore, registration should be withdrawn; and it will be if anyone decides to challenge.  

Don't worry about this for even one more minute.  Use 'bitcoin', the bitcoin logo, bitcoin symbols, et cetera any way you like.  These cannot be owned by anyone.  They are in fact already 'in the public domain'.  

Case closed.  


Title: Re: Bitcoin logo, bitcoin, BTC etc patented, copyrighted/trademarked?
Post by: NoDreamsWatching on May 10, 2014, 03:15:36 PM
It's free to use. Some of what you see are variations of the design made by users. I assume that these are also intended to be free to use, but if not, the worst that would probably happen is that you'd be asked to remove the graphics from whatever you're designing.