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Author Topic: Someone Random Trademarked "bitcoin" : Now we can't use the term?  (Read 36957 times)
Alex Beckenham
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July 06, 2011, 06:11:04 PM
 #61

Sorry, go here http://teasg.uspto.gov/gf/spring/nonteas?execution=e1s3

and input the serial number for this trademark    85353491

I did that... and get this:

Error
Please select the global form from the main page

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July 06, 2011, 06:11:30 PM
 #62

Sorry, go here http://teasg.uspto.gov/gf/spring/nonteas?execution=e1s3

and input the serial number for this trademark    85353491

I did that... and get this:

Error
Please select the global form from the main page
Same.

sadpanda, please post instructions on how you got to that page.
joepie91
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July 06, 2011, 06:12:15 PM
 #63

Who develops those things? :|

"Please logout when you are done to release system resources allocated to you."

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sadpandatech
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July 06, 2011, 06:13:47 PM
 #64

Sorry, go here http://teasg.uspto.gov/gf/spring/nonteas?execution=e1s3

and input the serial number for this trademark    85353491

I did that... and get this:

Error
Please select the global form from the main page
Same.

sadpanda, please post instructions on how you got to that page.

Sorry, baby jesus hates me. here is the main forms page. 10. Letter of Protest is what I am looking at.
http://www.uspto.gov/trademarks/teas/petition_forms.jsp

If you're not excited by the idea of being an early adopter 'now', then you should come back in three or four years and either tell us "Told you it'd never work!" or join what should, by then, be a much more stable and easier-to-use system.
- GA

It is being worked on by smart people.  -DamienBlack
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July 06, 2011, 06:17:01 PM
 #65

The trademark is invalid.  Bitcoin is covered within the MIT License and the term 'Bitcoin' is used extensively within the software covered by the license.  First use and all that.  

One could easily argue that the this nob polisher's use of the term Bitcoin in any commercial enterprise would be confusing.

This is a fail even if Jeff Bezos tried it.  
sadpandatech
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July 06, 2011, 06:21:03 PM
 #66

The trademark is invalid.  Bitcoin is covered within the MIT License and the term 'Bitcoin' is used extensively within the software covered by the license.  First use and all that.  

One could easily argue that the this nob polisher's use of the term Bitcoin in any commercial enterprise would be confusing.

This is a fail even if Jeff Bezos tried it.  

You are very correct, and one would trust this would be discovered in the course of due diligence in the processing of such an application.
However, we have the capacity to present such facts before hand to stop it before it even reaches that point.
Just in case...

If you're not excited by the idea of being an early adopter 'now', then you should come back in three or four years and either tell us "Told you it'd never work!" or join what should, by then, be a much more stable and easier-to-use system.
- GA

It is being worked on by smart people.  -DamienBlack
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July 06, 2011, 06:25:41 PM
 #67

The trademark is invalid.  Bitcoin is covered within the MIT License and the term 'Bitcoin' is used extensively within the software covered by the license.  First use and all that.  

One could easily argue that the this nob polisher's use of the term Bitcoin in any commercial enterprise would be confusing.

This is a fail even if Jeff Bezos tried it.  

You are very correct, and one would trust this would be discovered in the course of due diligence in the processing of such an application.
However, we have the capacity to present such facts before hand to stop it before it even reaches that point.
Just in case...

No doubt.  If by chance the .gov didn't find it and provided the TM it will save us legal troubles down the road when this guy pulls a Bezos and sues everybody that ever used an HTTPSession Cookie for 'buying' stuff on the webz with a 'single click'!!!! 
sadpandatech
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July 06, 2011, 06:30:57 PM
 #68

LOL, sadly I'm not familiar with the Bezos thing. It sounds like a riot though.  And yea, the primary concern is not so much the legitimacy of this app but the potential troubles it could cause for the valid 'owners' of Bitcoin.

  Which, brings to mind some other questions. In order to avoid other app ninjas in the future both trademark and patent wise, is there a way to trademark/patent
Bitcoin in a way the limits the amount of control the US gov would have over it?
I.e possible to register it as a community project and still be afforded the same protections? Maybe reg as  aco-op type deal?
I am completely lost at that point. Will give a close business attorney friend of mine a call and see if he has any insight.

If you're not excited by the idea of being an early adopter 'now', then you should come back in three or four years and either tell us "Told you it'd never work!" or join what should, by then, be a much more stable and easier-to-use system.
- GA

It is being worked on by smart people.  -DamienBlack
Alex Beckenham
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July 06, 2011, 06:35:51 PM
 #69

Well, I've just sent in my Letter of Protest (quite a few steps on that form).

Jaime Frontero
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July 06, 2011, 06:38:34 PM
 #70

Sorry, go here http://teasg.uspto.gov/gf/spring/nonteas?execution=e1s3

and input the serial number for this trademark    85353491

I did that... and get this:

Error
Please select the global form from the main page
Same.

sadpanda, please post instructions on how you got to that page.

Sorry, baby jesus hates me. here is the main forms page. 10. Letter of Protest is what I am looking at.
http://www.uspto.gov/trademarks/teas/petition_forms.jsp

yup.  that works, inputting the trademark serial number above.
joepie91
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July 06, 2011, 06:40:37 PM
 #71

LOL, sadly I'm not familiar with the Bezos thing. It sounds like a riot though.  And yea, the primary concern is not so much the legitimacy of this app but the potential troubles it could cause for the valid 'owners' of Bitcoin.

  Which, brings to mind some other questions. In order to avoid other app ninjas in the future both trademark and patent wise, is there a way to trademark/patent
Bitcoin in a way the limits the amount of control the US gov would have over it?
I.e possible to register it as a community project and still be afforded the same protections? Maybe reg as  aco-op type deal?
I am completely lost at that point. Will give a close business attorney friend of mine a call and see if he has any insight.
It's nice how a system forces you to conform and centralize, because if you keep it decentralized someone else will centralize it for you and take it away.

Oh, the joys of 'freedom'.

Like my post(s)? 12TSXLa5Tu6ag4PNYCwKKSiZsaSCpAjzpu Smiley
Quote from: hawks5999
I just can't wait for fall/winter. My furnace never generated money for me before. I'll keep mining until my furnace is more profitable.
sadpandatech
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July 06, 2011, 06:45:51 PM
 #72

LOL, sadly I'm not familiar with the Bezos thing. It sounds like a riot though.  And yea, the primary concern is not so much the legitimacy of this app but the potential troubles it could cause for the valid 'owners' of Bitcoin.

  Which, brings to mind some other questions. In order to avoid other app ninjas in the future both trademark and patent wise, is there a way to trademark/patent
Bitcoin in a way the limits the amount of control the US gov would have over it?
I.e possible to register it as a community project and still be afforded the same protections? Maybe reg as  aco-op type deal?
I am completely lost at that point. Will give a close business attorney friend of mine a call and see if he has any insight.
It's nice how a system forces you to conform and centralize, because if you keep it decentralized someone else will centralize it for you and take it away.

Oh, the joys of 'freedom'.


ahhh, painful irony..

Is there anyone about like Gavin or other Dev or someone with some business law smarts that could chime in on what options the community has if any?
Would it even be possible to register in a way that provides protection to the Bitcoin itself without putting it in danger of being gov regulated?

If you're not excited by the idea of being an early adopter 'now', then you should come back in three or four years and either tell us "Told you it'd never work!" or join what should, by then, be a much more stable and easier-to-use system.
- GA

It is being worked on by smart people.  -DamienBlack
Brutus
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July 06, 2011, 06:46:35 PM
 #73

LOL, sadly I'm not familiar with the Bezos thing. It sounds like a riot though.  And yea, the primary concern is not so much the legitimacy of this app but the potential troubles it could cause for the valid 'owners' of Bitcoin.

  Which, brings to mind some other questions. In order to avoid other app ninjas in the future both trademark and patent wise, is there a way to trademark/patent
Bitcoin in a way the limits the amount of control the US gov would have over it?
I.e possible to register it as a community project and still be afforded the same protections? Maybe reg as  aco-op type deal?
I am completely lost at that point. Will give a close business attorney friend of mine a call and see if he has any insight.

Bezos did the controversial 1-click patent on behalf of Amazon for something which was commonly in use at the time which was the use of a web browser and a cookie to facilitate online sales transactions irrespective of how many clicky it took one to get to their cart.

There is seemingly no limit that the US gov has when concerned with commerce under the Commerce Clause within the US.  I say this not tongue in cheek but with an eye toward the types of decisions that the Fed has permitted itself under the Commerce Clause.

IMHO the limiting factor for the US gov concerning Bitcoin is the design of the P2P currency itself and it's usage across the .net.  The design itself is limiting to the amount of oversight that can be exerted over the usage of the currency.  

Alex Beckenham
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July 06, 2011, 06:51:10 PM
 #74

I hope the owner of bitcoin.com helps me defend the domain space... he has a lot more to lose.

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July 06, 2011, 06:55:56 PM
 #75

I'm glad as hell that someone discovered this.  Could have been a real headache.  Roger, I'll assume you weren't doing research on trademarking 'Bitcoin' yourself, right?  You were probably researching a product or service with 'Bitcoin' in the name.  Anyway, we all owe Roger a big thank you for finding this.

You know who might help us with this if it becomes a problem?  The EFF.  I'm upset at the way in which they returned all their Bitcoins, but I understand why they did it.  Even in a case like this, they would be serious legal and ethical issues involved if the EFF were holding any Bitcoins.

Alex, did it cost $100 to file the letter of protest?  And did you provide evidence of the MIT license?

Based on my research on this lawyer, Michael S. Pascazi, it looks like he probably has an ideological affinity for Bitcoin.  See: http://newstandardnews.net/content/index.cfm/items/2855  In any case, trademarking the name of an open source project a shitty thing to do.  I hope he's older and doesn't realize just how bad this will look in the eyes of Bitcoin supporters.  Mr. Pascazi, if you're reading this, perhaps you'd like to say a word or two in your defense?

4096R/F5EA0017
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July 06, 2011, 06:58:44 PM
 #76

I'm glad as hell that someone discovered this.  Could have been a real headache.  Roger, I'll assume you weren't doing research on trademarking 'Bitcoin' yourself, right?  You were probably researching a product or service with 'Bitcoin' in the name.  Anyway, we all owe Roger a big thank you for finding this.

You know who might help us with this if it becomes a problem?  The EFF.  I'm upset at the way in which they returned all their Bitcoins, but I understand why they did it.  Even in a case like this, they would be serious legal and ethical issues involved if the EFF were holding any Bitcoins.

Alex, did it cost $100 to file the letter of protest?  And did you provide evidence of the MIT license?

Based on my research on this lawyer, Michael S. Pascazi, it looks like he probably has an ideological affinity for Bitcoin.  See: http://newstandardnews.net/content/index.cfm/items/2855  In any case, trademarking the name of an open source project a shitty thing to do.  I hope he's older and doesn't realize just how bad this will look in the eyes of Bitcoin supporters.  Mr. Pascazi, if you're reading this, perhaps you'd like to say a word or two in your defense?


Notice, its( I would assume his wife's) name on the bottom of the 'willing to sell some bitcoins' letter that attached to their trademark app.

And def cheers for finding this.  I missed the $100 cost to file LoP, can anyone verify that?

If you're not excited by the idea of being an early adopter 'now', then you should come back in three or four years and either tell us "Told you it'd never work!" or join what should, by then, be a much more stable and easier-to-use system.
- GA

It is being worked on by smart people.  -DamienBlack
Alex Beckenham
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July 06, 2011, 07:00:45 PM
 #77

Alex, did it cost $100 to file the letter of protest?  And did you provide evidence of the MIT license?

It was free via the web because I didn't send any attachments, just text. My understanding is that you pay extra if you want to attach some JPG or PDF to your submission.

I may have mis-read that part... but anyway I definitely didn't pay anything, and I have a receipt in my inbox that says "Received your Letter of Protest‏" with no mention of having to pay anything.

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July 06, 2011, 07:10:39 PM
 #78

Alex, did it cost $100 to file the letter of protest?  And did you provide evidence of the MIT license?

It was free via the web because I didn't send any attachments, just text. My understanding is that you pay extra if you want to attach some JPG or PDF to your submission.

I may have mis-read that part... but anyway I definitely didn't pay anything, and I have a receipt in my inbox that says "Received your Letter of Protest‏" with no mention of having to pay anything.


Thanks, I tested it with some attachements and still came up with no fees.

If you're not excited by the idea of being an early adopter 'now', then you should come back in three or four years and either tell us "Told you it'd never work!" or join what should, by then, be a much more stable and easier-to-use system.
- GA

It is being worked on by smart people.  -DamienBlack
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July 06, 2011, 07:23:16 PM
 #79

Remember that decentralized currency.. what was it called? Yeah, I remember, people stopped using it because the government told them they couldn't write it's name down.

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July 06, 2011, 07:26:40 PM
 #80

Bruce Wagner should get on the phone to this person trying to trademark 'Bitcoin'. His life will be an absolute living hell if he choses to attempt to extort any money from the bitcoin community.

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