The Bitcoin trademark

[nsfsj]

MtGox may or may not have good intentions, but considering that MtGox is probably making more money/value than any other entity in the Bitcoin community, the CEO is one of the board members of Bitcoin Foundation and they own the Bitcoin trademark. This means that they can if they like close down a competing exchange that is using the term Bitcoin, especially if it is used in the domain (most countries top-domains registrars can force a transfer to the owner of the trademark). They would most likely loose more than they gain starting such a process at the moment, but a company is not evil or wrong if it uses its assets to gain a bigger market. It is how the economy works. It feels a bit awkward that a commercial company have such power over a decentralized thing as Bitcoin and even more so that the community does not seem to care? 

Please note that I'm not in anyway accusing MtGox, they may very well do this for the good of the community. I would just like to rise my concerns and get a discussion going.

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[Dabs]

Well, most other online exchanges don't have the word "bitcoin" in them, or not in the domain anyway. And you're not about to kill anything that says bit-something, because a bit is a generic computer term for one piece of data. And localbitcoins is not competing with the exchanges directly. And bitcoinstore is selling stuff for bitcoins.

[Isokivi]

I feel this concern is valid. I would love to see Mt. Gox enter an open discussion about it.

[nsfsj]

Well, most other online exchanges don't have the word "bitcoin" in them, or not in the domain anyway. And you're not about to kill anything that says bit-something, because a bit is a generic computer term for one piece of data. And localbitcoins is not competing with the exchanges directly. And bitcoinstore is selling stuff for bitcoins.

Other exchanges may be started though, which is risky at the moment due to the trademark (even the use of 'Bitcoin' on the site it self can be risky in case of a lawsuit). The two sites you are referring to is not competing with MtGox (at the moment at least, MtGox may as well start a generic store using Bitcoins) which does not make the point less true. What if LocalBitcoins started a competing exchange?

[GoldenAngel]

It would be an interesting topic! State your argument mtgox

[ab8989]

As a general rule, the owner of a trademark should be very agressive in protecting and defending his trademark against infringement. Failure to do so might cause the owner to lose the trademark rights and prevent the owner to be able to bring lawsuits against any other infringements if they let somebody to infringe without repercussions. MtGox is has quite probably already lost the rights in this matter as I have not heard about thousands of lawsuits they have brought up to prevent others to use the word. So nobody should be worried what MtGox could do. MtGox is definately not able to say publicly that they are not going to be hyperaggressive. That would definately lead them to lose the rights. On the other hand I believe MtGox owning the trademark prevents anybody else from claiming it is their trademark.

Disclaimer: I have never read any lawbook in my life.

[GideonGono]

They should voluntarily relinquish the trademark. No one should own it except maybe Satoshi. Maybe he is Satoshi?

[Isokivi]

As a general rule, the owner of a trademark should be very agressive in protecting and defending his trademark against infringement. Failure to do so might cause the owner to lose the trademark rights and prevent the owner to be able to bring lawsuits against any other infringements if they let somebody to infringe without repercussions. MtGox is has quite probably already lost the rights in this matter as I have not heard about thousands of lawsuits they have brought up to prevent others to use the word. So nobody should be worried what MtGox could do. MtGox is definately not able to say publicly that they are not going to be hyperaggressive. That would definately lead them to lose the rights. On the other hand I believe MtGox owning the trademark prevents anybody else from claiming it is their trademark.

Disclaimer: I have never read any lawbook in my life.

I sure hope this is correct, as somebody who has and will be using said traidmark. Asfar as preventing others from claiming the trademark, thats all good in my book. Still a statement of some sort would sure be helpful.

[nsfsj]

As a general rule, the owner of a trademark should be very agressive in protecting and defending his trademark against infringement. Failure to do so might cause the owner to lose the trademark rights and prevent the owner to be able to bring lawsuits against any other infringements if they let somebody to infringe without repercussions. MtGox is has quite probably already lost the rights in this matter as I have not heard about thousands of lawsuits they have brought up to prevent others to use the word. So nobody should be worried what MtGox could do. MtGox is definately not able to say publicly that they are not going to be hyperaggressive. That would definately lead them to lose the rights. On the other hand I believe MtGox owning the trademark prevents anybody else from claiming it is their trademark.

Disclaimer: I have never read any lawbook in my life.

Doubt this is the case. The owner owns the trademark even if no claims are made from their part. Although it might be considered generic if the court rules that the usage of 'Bitcoin' is used in a generic way, globally. Even if the accused part would eventually win, chances are that their money will run out before MtGox does.

[deepceleron]

It is better for a company with an interest in Bitcoin to hold the trademark than slimeball opportunists.

If MtGox doesn't defend it, it can become a generic term without protection, which is what we want.

[WiW]

Wait, isn't the trademark held by the Foundation? Yes, many of the board have commercial enterprises, but that doesn't mean that any of them (or MtGox in particular) can start abusing it. The Foundation needs to agree to abuse it. Is there any reason to worry about MtGox in particular?

I'm guessing the Foundation registered the trademark for the sake of others not registering it and abusing it. Is it possible to be granted a trademark and then "release" it unilaterally? In such a way to ensure the trademark can never be registered and abused? Or will we just have to wait for the term "bitcoin" to be ubiquitous enough to become "generic"?

[nsfsj]

Wait, isn't the trademark held by the Foundation? Yes, many of the board have commercial enterprises, but that doesn't mean that any of them (or MtGox in particular) can start abusing it. The Foundation needs to agree to abuse it. Is there any reason to worry about MtGox in particular?

I'm guessing the Foundation registered the trademark for the sake of others not registering it and abusing it. Is it possible to be granted a trademark and then "release" it unilaterally? In such a way to ensure the trademark can never be registered and abused? Or will we just have to wait for the term "bitcoin" to be ubiquitous enough to become "generic"?

The 'Bitcoin' trademark is owned by MtGox, not the foundation.

[Bitobsessed]

Here:

https://mtgox.com/press_release_20111014.html

Snippet:
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.


Annnnnnd, a long discussion about it if you can search:
https://bitcointalk.org/index.php?topic=82224.msg906245#msg906245

[nsfsj]

Here:

https://mtgox.com/press_release_20111014.html

Snippet:
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.


Annnnnnd, a long discussion about it if you can search:
https://bitcointalk.org/index.php?topic=82224.0

Well, that is enough for me I think (:

[glub0x]

Here:

https://mtgox.com/press_release_20111014.html

Snippet:
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.


Annnnnnd, a long discussion about it if you can search:
https://bitcointalk.org/index.php?topic=82224.0

Well, that is enough for me I think (:

very nice

[tysat]

Here:

https://mtgox.com/press_release_20111014.html

Snippet:
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.


Annnnnnd, a long discussion about it if you can search:
https://bitcointalk.org/index.php?topic=82224.msg906245#msg906245

/thread

OP should check things before posting in the future just in case.

[nsfsj]

Here:

https://mtgox.com/press_release_20111014.html

Snippet:
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.


Annnnnnd, a long discussion about it if you can search:
https://bitcointalk.org/index.php?topic=82224.msg906245#msg906245

/thread

OP should check things before posting in the future just in case.

I did search but did not found that statement. Missed it obviously. I still worry though. Commercial, profit driven, entity owning the 'Bitcoin' trademark does not sound good to me at least. Might be the only possibility, however. I do think it is good enough from MtGox point of view that they declared it free of use.

[the founder]

MtGox may or may not have good intentions, but considering that MtGox is probably making more money/value than any other entity in the Bitcoin community, the CEO is one of the board members of Bitcoin Foundation and they own the Bitcoin trademark. This means that they can if they like close down a competing exchange that is using the term Bitcoin, especially if it is used in the domain (most countries top-domains registrars can force a transfer to the owner of the trademark). They would most likely loose more than they gain starting such a process at the moment, but a company is not evil or wrong if it uses its assets to gain a bigger market. It is how the economy works. It feels a bit awkward that a commercial company have such power over a decentralized thing as Bitcoin and even more so that the community does not seem to care?  

Please note that I'm not in anyway accusing MtGox, they may very well do this for the good of the community. I would just like to rise my concerns and get a discussion going.

The trademark is invalid,  I stopped it before,  i'll stop it again.

https://bitcointalk.org/index.php?topic=26527.0;all

[franky1]

havent researched if mtgox does truly own trademarks "bitcoin" but if they do then:

the idea of owning the trademark. was not to gain control to then whip and govern others. but to pre-empt governments buying up the trademark and claim it as their own creation.

but hey, all government needs to do is buy mtgox and thus the government whips and lashes upon the bitcoin community will begin. so i hope MTGox sticks to their ethics to never sell out to government

[the founder]

the idea of owning the trademark. was not to gain control to then whip and govern others. but to pre-empt governments buying up the trademark and claim it as their own creation.

but hey, all government needs to do is buy mtgox and thus the government whips and lashes upon the bitcoin community will begin. so i hope MTGox sticks to their ethics to never sell out to government

It's a common term and cannot be trademarked,  prior art existed since 2009