Bitcoin Forum

The PASCAZI Retaliation, fighting opportunists worldwide and why we applied for the Bitcoin trademark.

TOKYO, JAPAN - October 14, 2011 - As the owner of the largest Bitcoin trading platform, Mt.Gox, we at Tibanne K.K feel obliged to step up and oppose opportunists around the world from trademarking the concept and term “Bitcoin”, which would severely limit the ability of those in the Bitcoin community to freely enjoy and use our beloved Crypto-currency.

As some in the community may be aware, back in July Michael Pascazi, a law attorney in upstate New York started to file for ownership of the Bitcoin trademark. This took place not only in the US but in other key countries like France and Japan where trademark laws favour the party who is “first-to-file”, rather than the first actual user of the term.

While Michael Pascazi apparently acquiesced in his attempt to trademark Bitcoin in the U.S. (thanks to a stricter “first-to-use” trademarking system), he has since submitted a claim in France through his wife Celine Mouchon Pascazi, where Pascazi has far stronger legal standing as the first entity to apply.

In reaction, we at Tibanne K.K in Japan have started legal proceedings in the hopes of opposing this filing in France, at a European level as well as in in other countries across the world.

The Pascazis' stated intention is to profit from these trademarks, which would hamper Bitcoin enthusiasts, businesses and the community as a whole on a global basis in the free use and promotion of Bitcoin. Tibanne K.K will oppose this and any other "greed based" trademark application, in order to prevent self-serving attempts to profit from Bitcoin through spurious legal suits, and keep the term “Bitcoin” free for all.

We would like to use this opportunity to formally announce that all trademarks related to the term “Bitcoin” filed for and obtained by Tibanne K.K will be made freely available to anyone to use for whatever purpose whatsoever, whether that be for non-profit or commercial endeavours.

We will keep you apprised on these matters as soon as updates become available.

Regards
Mt.Gox Co. Ltd Team.

i may be wrong, but i don't think he can claim it even if already registered 'cause it was already a very well known brand. It is like registering the word internet in 1992.

If MtGox goes bankrupt...the Bitcoin trademark would be put up for sale to the highest bidder.

The protest feed just ended they are off to go get licensed

Cool, they can sell it to pay back some of their debts.  Maybe this forum can use some of our $1M to buy it?

i may be wrong, but i don't think he can claim it even if already registered 'cause it was already a very well known brand. It is like registering the word internet in 1992.

Not good:
Maybe we should be nice to them.

I know of the Cryptocurrency King, the cryptocurrency universe, and the cryptocurrency economy but I never heard of the Cryptocurrency Constitution?

Bitcoin seems more and more dead  :o

Maybe it's time for another and more matured crypto currency to enter the stage.

I have no idea which one, but it appears that the Bitcoin is going to experience strong headwind in the future.

Bitcoin seems more and more dead  :o

Maybe it's time for another and more matured crypto currency to enter the stage.

I have no idea which one, but it appears that the Bitcoin is going to experience strong headwind in the future.

As a practical problem, you can image their assets/free cash being tied up in litigation or in compensating customers.

If they are reducing their office footprint, I can't imagine them expending resources to defend a trademark a financial priority.

They would have to retain a US lawyer who would no doubt want their fee up front.

Bitcoin seems more and more dead  :o

Maybe it's time for another and more matured crypto currency to enter the stage.

I have no idea which one, but it appears that the Bitcoin is going to experience strong headwind in the future.

No, we definitely should not.

Because a 20x (+) price increase YoY means that it is dying.

essentially nothing happened from year 1 to year 3

each cryptocurrency will find their niche over time

This is good, that Mark protects the trademark.

This is good, that Mark protects the trademark.

What about the run up to $32  ???

As seen from the previously attached evidence as well as the attached evidence, the term BLOCKCHAIN refers to a transaction database openly shared among peers regarding cryptocurrency.  The term BLOCKCHAIN identifies the public record of the transactions of the decentralized electronic currency called Bitcoins in chronological order.  When customers would view the term BLOCKCHAIN in relation to the stated “Financial services, namely, providing a virtual currency for use by members of an on-line community via a global computer network”, they would immediately know it was referring to the openly shared transaction database used to keep track of the virtually currency.  The term BLOCKCHAIN is not a source identifier for a particular entity; rather as evidenced from the attached, the term BLOCKCHAIN, along with terms such as BITCOINS, MINING, WALLET, etc. are in the public realm to be used by all who participate in cryptocurrency.  It is not a term that can be trademarked by one entity.

The applicant confirms “BLOCKCHAIN” ‘is now a part of cryptocurrency nomenclature’. However applicant  states ‘[w]hile the word has meaning – it is not a descriptive word.’  The examining attorney must respectfully disagree.  The term BLOCKCHAIN when used in relation to the stated financial services would be perceived by the members of the on-line community as merely identifying the public record of financial transactions.  The term would not be viewed as an identifier of source.  Thus the refusal to register the mark pursuant to Section 2(e)(1) of the Trademark Act is repeated and made final.

http://tsdr.uspto.gov/documentviewer?caseId=sn86015649&docId=OOA20131216142307#docIndex=0&page=1

Funny, there is a law with trademark registration...

If it has been in the "public domain" for more than a year, it can not be trademarked. That trademark is completely null and void. Anyone can prove it was out for over a year, prior to registration. (Somewhere in the application, you had to agree that "this is an original trademark, outside the use of public domain".)

There we have it.

Thanks for that!

I made it about a year ago, just search it, haven't taken the draft copy off, but no one suggested changes so its the final copy now

have got a few digital copy's plus a framed one on the wall like it came out of an old Spanish galleon :)

on top of this I'm planning the Cryptocurrency Banking act though that's going to be some piece of work and will take a few months yet

Not good:
Maybe we should be nice to them.

It will go to highest bidder and hopefully be restored. MtGox is on its last leg and should have been gone a couple years ago. Sadly, it stayed around.

Bitcoin is a public property. It can't be trademarked by anybody.
(Public = All the people in the world)

TRADEMARK NOTICE

You have received this Trademark Notice because you have applied for a domain name which matches at least one
trademark record submitted to the Trademark Clearinghouse.

You may or may not be entitled to register the domain name depending on your intended use and whether it is the same
or significantly overlaps with the trademarks listed below. Your rights to register this domain name may or may not be
protected as noncommercial use or “fair use” by the laws of your country.

Please read the trademark information below carefully, including the trademarks, jurisdictions, and goods and service
for which the trademarks are registered. Please be aware that not all jurisdictions review trademark applications
closely, so some of the trademark information below may exist in a national or regional registry which does not
conduct a thorough or substantive review of trademark rights prior to registration.

If you have questions, you may want to consult an attorney or legal expert on trademarks and intellectual property for
guidance.

If you continue with this registration, you represent that, you have received and you understand this notice and to
the best of your knowledge, your registration and use of the requested domain name will not infringe on the trademark
rights listed below.

The following 1 Trademarks are listed in the Trademark Clearinghouse:
1.    Mark:    BITCOIN
    Jurisdiction:    Japan
    Goods:    第９類 電子商取引の分野で用いるコンピュータープログラ ム、電子計算機用ブログラム、 電子応用機械器具、電
気通信機械 器具 第 ３５類 広告、市場調査、商品の販売に関する情報の提供（インターネットに よるものを含む）、商品に広告
に関する情報の提 供（インターネットによる ものを含む）、電子商取引における商品の売買契約の媒介、電子商取引に係る 事業
の運業、管理。 第３６ 類 預金の受入れ（債券の発行により代える場合 を含む。）及 び定期積金の受入れ，資金の貸付け及び手
形の割引，内国 為替 取引， 債務の保証及び手形の引受け，有価証券の貸付 け，金銭債権の取得及 び譲渡，有価証券・貴金属そ
の他の 物品の保護預かり，両替， 金融先物取引 の受託，金銭・有 価証券・金銭債権・動産・土地若しくはその定着物又は地 上
権若しくは土地の賃借権の信託の引受 け，債券の募集の 受託，外国為替取 引，信用状に関する業務，信用購入あっ せん，前払式
証票の発行，ガス料金 又は電気料金の徴収 の 代行，商品代金の徴収の代行, 有価証券の売買，有価 証券 指数等先物取引, 有価
証券オプション取引, 外国市場証券 先物取引， 有価証券の売買・有価証券指数等先物取引・有 価証券オプション取引及び外 国市
場証券先物取引の媒介・ 取次ぎ又は代理，有価証券 市場における有価証 券の売買取 引・有価証券指数等先物取引及び有価証券オ
プション取引 の委託 の媒介・取次ぎ又は代理，外国有価 証券市場におけ る有価証券の売買取引及 び外国市場証券先物取引の委
託の 媒介・取次ぎ又は代理，有価証券先渡取 引・有価証券店頭 指数等先渡取引・有価証券店頭オプション取引若しくは有 価証券
店頭指数等スワップ取引又はこれらの取引の媒介・ 取次ぎ若しくは 代 理, 有価証券等精算取次ぎ, 有価証券の 引受け，有価証券
の売出し，有価証 券の募集又は売出しの 取扱い，株式市況に関する情報 の提供，商品市場にお ける 先物取引の受託，生命保険
契約の締結の媒介，生命保険の 引受け，損害 保険契約の締結の代理，損害保険 に係る損害 の査定，損害保険の引受け，保 険料
率の算出，建物の管理 ，建物の貸借の代理又は媒介，建物の貸与，建物 の売買， 建 物の売買の代理又は媒介，建物又は土地の鑑
定評価，土 地の管 理，土地の貸借の代理又は媒介，土地の貸与，土地 の売買，土地の売 買の代 理又は媒介，建物又は土地の情
報 の提供，骨董品の評価，美術品の評価，宝 玉の評価，中古 自動車の評価，企業の信用に関す る調査，税務相談，税務 代理，
慈善のための募金 第３８類 電気通信、電気通信システム又はデータ通 信システムを介する電子商取 引のための電気通信。 第
４２類 電子商取引に おける第三者に対するオンラインによるユーザーの本人確認、証明、電子商取 引に用い るコンピュータープ
ログラムの設計、作成又保守、電子商取引のた め検索エンジンの提供、通信回線を介した電子商取引の利用者の確 証、電子 商取
引のおける利用者を確証するための電子計算機用プログラム（ソフトウェ ア）の設計、作成又は保守、電子商取引に関す る情報に
アクセスして情報の 検索、入手ができるようにしたコンピューターデータベースのアクセスタイム の賃貸、電子商取引に用い る
電子計算機用プログラムの提供、電子商取引の ためのインターネットウェブサイトの設計、作成又は保守。
    Class of Goods and Services:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking
(supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting,
switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or
reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital
recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing
equipment, computers; computer software; fire-extinguishing apparatus.
    TM Registrant:    Tibanne K.K.
Array, Tokyo, 150-0002, JP
mark@tibanne.com

For more information concerning the records included in this notice, see http://claims.clearinghouse.org

Well, I guess they'll have to sell it in bankruptcy.  Let's hope a benevolent entity purchases it though.

Yes, could be a somewhat valuable asset to seize if they are liquidated.

I don't recognize your constitution! ;D

i may be wrong, but i don't think he can claim it even if already registered 'cause it was already a very well known brand. It is like registering the word internet in 1992.

In worst case, a trademark troll could buy this trademark and sue major bitcoin sites to pay license fee over using bitcoin.
I doubt this will happen as bitcoin is generic by now, but you never now as the case of SSL shows:
A patent troll bought the patent of SSL and has been suing hundreds of American companies over using SSL (HTTPS) and demanding them to pay heavy license fees, Newegg.com was the last victim.

source: http://arstechnica.com/tech-policy/2013/11/jury-newegg-infringes-spangenberg-patent-must-pay-2-3-million/

In worst case, a trademark troll could buy this trademark and sue major bitcoin sites to pay license fee over using bitcoin.
I doubt this will happen as bitcoin is generic by now, but you never now as the case of SSL shows:
A patent troll bought the patent of SSL and has been suing hundreds of American companies over using SSL (HTTPS) and demanding them to pay heavy license fees, Newegg.com was the last victim.

source: http://arstechnica.com/tech-policy/2013/11/jury-newegg-infringes-spangenberg-patent-must-pay-2-3-million/