Someone Random Trademarked "bitcoin" : Now we can't use the term?

[sadpandatech]

you think he's got his name trademarked?

ahahahaha

do it.

according to some site I linked earier that shows his 2 trademarks, the one pending application for bitcoin and the one for his Magellan LLc company, the magellan trademark is listed as inactive, and suggests he either did not respond to something or just did not refile in a timely manner for it. Would be worth looking into anyhows.

[1714168530]

1714168530

[1714168530]

1714168530

[1714168530]

1714168530

[sadpandatech]

I personally would have absolutely no problem providing incontrovertible proof that would be satisfactory to any court in any jurisdiction, that I used Bitcoins in interstate commerce well before June 22, 2011.

When I was selling Bitcoins, I was producing digitally signed contracts similar to the one at this example:

http://166.70.147.8/btc/AgreementToDeliverBitcoins.pdf

One of the nifty features of buying a PDF signing key is that every document you sign gets a secure timestamp provided by a third party and permanently fixed right into the PDF itself.  Not only that, but the fact that for each contract I executed, there's a timely wire hitting my bank account...

I do have the means to oppose the filing, and am highly likely to do it, particularly if the filing lasts long enough to make an appearance into the USPTO's trademark gazette.

If you wish to oppose you can do so for free and before it reaches the gazette. here
http://www.uspto.gov/trademarks/teas/petition_forms.jspand
10. Letter of Protest
use * serial 85353491

[sadpandatech]

Here is his (lawyers) response - http://news.ycombinator.com/item?id=2737435

Seems to me we need people that can look for filings elsewhere, probably starting with France.

I would certainly agree and note that he mentioned specific countries, namely France and Japan. Japan being where Mt Gox is. Not sure if that is coincidence or if he has really thought that far into this already....

[Grant]

His website:  http://www.pascazilaw.com/
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Martindale.com lawyer rating website:  http://www.martindale.com/Michael-S-Pascazi/14194021-lawyer.htm
Avvo.com rating:  http://www.avvo.com/attorneys/12524-ny-michael-pascazi-1012851.html?force_review=true


Have fun.  

This episode reminds me of: http://www.businessinsider.com/worldscom-ceo-were-absolutely-going-to-sue-second-life-and-world-of-warcraft-2009-3

Worldscom, did even successfully patent "an idea to have a virtual world", but they never got successfull in collecting on it.

Seriously, what we have now in the world are "fractional fact lawyers".

[Superform]

NOTE: If the e-mail address listed above is either no longer correct for receiving USPTO correspondence or contains a typographical error, please go to the Correspondence Address form to update or correct the e-mail address AND reauthorize the USPTO to communicate with you by e-mail. It is critical that you maintain a current e-mail address with the USPTO. For any technical issues with this process, please contact TEAS@uspto.gov.
WARNING: For an application filed under TEAS Plus, the failure to maintain a correct e-mail address for ongoing e-mail communication will result in the loss of TEAS Plus status and a requirement to pay $50 per class.

[Superform]

Your Letter of Protest Was Submitted Successfully

    Success!
    We have received your form for serial number 85353491. We will send an Email summary of the form to " xxxxxxxxxxxxxx", which will be your official confirmation of receipt. For electronically- submitted forms, the USPTO will not mail any additional paper confirmation.
    NOTE : Do NOT send a duplicate paper copy of this filing to the USPTO, as it will interfere with the proper processing of the electronic submission.
    Thank you.
    TEAS Support Team

[twobits]

The?application?must?be?filed?in?the?name?of?the?owner?of?the?mark.?The?owner?of?the?mark?is?the?
person?or?entity?who?controls?the?nature?and?quality?of?the?goods/services?identified?by?the?mark.?

Ignore the '?', damn cut and past from a pdf off the government site.  Seems here is one point that his application is invalid.

He does not control the nature and quality of bitcoins.

[Bitman_Begins]

Hey guys, pretty sure this is INVALID   L@@K! I just trademarked "poundcoins" now they're all mine!!   Please send all your pound coins to my address or I will file a complaint.

[Isepick]

My client is in the process of filing in numerous civil law countries such as Japan where whining about first to use is of no moment. One can sue in a US federal court for tortious acts committed overseas so long as the defendant has minimum contacts with the US. Food for thought.

This douche is totally going after the exchanges, specifically Mt.Gox it seems. I wonder if MT knows...

[twobits]

I personally would have absolutely no problem providing incontrovertible proof that would be satisfactory to any court in any jurisdiction, that I used Bitcoins in interstate commerce well before June 22, 2011.

When I was selling Bitcoins, I was producing digitally signed contracts similar to the one at this example:

http://166.70.147.8/btc/AgreementToDeliverBitcoins.pdf

One of the nifty features of buying a PDF signing key is that every document you sign gets a secure timestamp provided by a third party and permanently fixed right into the PDF itself.  Not only that, but the fact that for each contract I executed, there's a timely wire hitting my bank account...

I do have the means to oppose the filing, and am highly likely to do it, particularly if the filing lasts long enough to make an appearance into the USPTO's trademark gazette.

If you wish to oppose you can do so for free and before it reaches the gazette. here
http://www.uspto.gov/trademarks/teas/petition_forms.jspand
10. Letter of Protest
use * serial 85353491

Ok , did just that...

Bitcoin has already been in use since before 18-aug-2008 as idicated by the created on date of the bitcoin.org domain name ( Domain ID:D153621148-LROR
Domain Name:BITCOIN.ORG
Created On:18-Aug-2008 13:19:55 UTC
Last Updated On:18-May-2011 04:47:13 UTC
Expiration Date:18-Aug-2019 13:19:55 UTC
Sponsoring Registrar:eNom, Inc. (R39-LROR)
)

This use has not been by the applicant, yet this is the very same bitcoin the applicant claims to want the mark for.  However he has no control over the nature and quailty of these bitcoins, but is merely another user of this product. He is clearly not the owner of this term.  This application is fraudulent and made in bad faith. In addition he shows he is aware of the numerous other reference around to bitcoins of which he had nothing to do with, but seems to be think that this can not be proven as it is only 'articles', not mentioning the web sites that already use this product and term far before he application.  See http://news.ycombinator.com/item?id=2737435
There exists many who can prove otherwise contrary to what is 'as far as he can tell'.   Since he is well aware of these facts, yet filled this, implying the he has control over the nature and quality of something that he does not,  this seems to be a clear attempt to abuse the trademark system.   I hope that you can take actions that go beyond him just being rejected and losing his nominal fee for making this bad faith application, to discourage others from such fraud in the future.

[twobits]

Hey guys, pretty sure this is INVALID   L@@K! I just trademarked "poundcoins" now they're all mine!!   Please send all your pound coins to my address or I will file a complaint.

I am pretty sure it will go through unless protested.  If you read the pdf on the examiners procedures, they only look at the submitted application. They do not and have no duty to do research and  internet searches etc.

[galaxyAbstractor]

We could all leave his firm(s) negative ratings on google maps and other rating websites.

http://www.mywot.com/en/scorecard/pascazilaw.com Someone already did lol

[ribuck]

Spending time and energy worrying about this is pointless.

and what do you propose for businesses that have "bitcoin" in their registered name? or their official copy? or slogans?

Do you really think some lawyer can get thousands of independent businesses and hundreds of thousands of individuals to abandon their usage of this word? No chance.

What's the alternative? An expensive community-run foundation to hold the trademark around the world, together with the cost and effort that it will consume? And all the infighting deciding who controls the foundation, and who can use the foundation-held trademark, and how they can use it? Maybe if Satoshi were around to hold the trademark it would work, but not otherwise.

It's not worth it. Just ignore this douchebag unless you get a C&D. In the extremely unlikely event that you do get a C&D, don't pay to settle, and don't pay to defend. Just temporarily switch to the separate un-trademarked words "Bit Coin" until the douchebag gives up wasting his money. And make the most of the free publicity that your business will get as a result of publicising the C&D!

[galaxyAbstractor]

http://oami.europa.eu/CTMOnline/RequestManager/en_SearchBasic?transition=start&source=Log-in.html&language=en&application=CTMOnline Where you can search trademarks in the EU. No hits for bitcoin

http://www.wipo.int/romarin/searchAction.do Apparently lets you search internationally, but no hits on bitcoin.


Uhhhhhh, there is a trademark registration for 'bit coin'. http://pixomania.net/pics/OAMI-ONLINE_-_CTM-ONLINE_-_Detailed_trade_mark_information_-_Mozilla_Firefox-2011-07-07_13.12.07.png
Edit: Actually, I think this is just about that image shown, for use on some site

[Dobrodav]

Hey, guys he have no any chance at court. Relax.

[twobits]

Hey, guys he have no any chance at court. Relax.

It is not a judicial procedure to get a tm. 

Also, what exact do you base your claim it has no chance on?

[ribuck]

The story is on the front page of SlashDot now.

[hazek]

I really don't understand what the big deal is? It's not like the Bitcoin software is bound to the Bitcoin word, lol..

[Anonymous]

I guess the fact the bitcoin block chain is a giant timestamp server yet he cant even show the block explorer link where he actually sent a bitcoin comes into it ?

[N12]

Bitcoin Assassination Market, anyone?

[moderator comment] This comment is in jest, do not take seriously, please check your sarcasm meters, thank you [/moderator comment]