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

[sadpandatech]

Looks like we got to him.

Dear Sir,

Please be advised that, for strategic reasons, Magellan Capital's trademark (serial number 85353491) filed with the United States Patent & Trademark Office has been Expressly Abandoned, pursuant to statute, as of July 7, 2011 at 13:15 EDT.

Simultaneously therewith, my client has begun trademark registrations in those civil law countries, wherein, "first to use" status is not recognized as a defense to trademark registration. These civil law countries, which account for most of the world's population, and land mass, only recognize a "first to file" basis for trademark registration.

Moreover, calling me stupid is simply childish, and not a hallmark of thoughtful adult discourse. I have been called worse; most often from my adversaries, when I succeed on an important matter in a court of law.

tl;dr version. He's giving up here in the US because of all the heat he got, but will STILL PURSUE THIS TRADEMARK IN OTHER COUNTRIES.

I say we continue with the heat!

LOL, very nice. source link please? I actually accused him if being a 'smart guy'. Wonder who he is replying to that called him 'stupid', would love to read it.

I'd be willing to bet that his remarks could help serve as some proof in those 'civil law' countries to his intentionally trying to register something he has no right to.....


And, while those 'countries' he is refering to may account for the majority of population and landmass they DO NOT account for any majority of the potential net worth....

Anyone heard from Mt Gox? Would be curious to hear what the company in Japans take is on this if any..?





edit; poor as crap grammar, but I type like a speak, stupid and southern.. I apologize if it hurts any ones brain to read my dribble.

[1714769799]

1714769799

[1714769799]

1714769799

[1714769799]

1714769799

[1714769799]

1714769799

[ensign_lee]

Seems like nobody has gotten to his yahoo review page yet...

http://local.yahoo.com/info-35530399-pascazi-law-offices-fishkill

Funny how he has two positive reviews today. Gee, I wonder if that could be him trying to do some damage control or not...suspicious, no? ^^

[wolftaur]

Anyone contacted the EFF yet?

[TheBitMan]

Yeah, cheap enough for bitcoin.com, bitcoin.org filings etc...  but...  not cheap enough to want to go after every silly name with bitcoin in it.
IF you think 5k is pretty damn cheap, you should have enough to be able to at least mount a decent defense then.

Yeah, I guess my issue is that although I don't necessarily have quality (bitcoin.com), I sure do have quantity (bitcoinbabes.com, bitcoindouble.com, bitcoinbalance.com, bitcoinsafety.com, bitcoinsecurity.com, etc, etc.).

I tried to buy bitcoinblackjack.com but the current owner is holding out for $5000+ which I couldn't justify at the time.

I wonder if she's reading this thread.

Again, sorry to hijack the main issue which is not just about domain names...

wait you own bitcoin balance?

[TheBitMan]

Bitcoin Bitcoin Bitcoin Bitcoin..sue me

[w1R903]

Anyone contacted the EFF yet?

Might be a good idea.

[proudhon]

Isn't it obvious guys?  Michael S. Pascazi is Satoshi Nakamoto!

[sadpandatech]

You're one strange bird, Ballard...
*looks at his hands* they sure look clean on the surface. But what about the germs, you say?

Bank on banks; we know the possibilities of the flow, point-to-point, of prior art in deposit boxes; how active do you need something like that as governor of your currency? Dignity... "first"?

But for the chicken and the egg.. game is hard to play from sidelines. The mother in all of natures respects owns the embyro while it is still attached to the placenta..

[sadpandatech]

"That name is that name." Semantic web; you want to pay for the role-switch? Some people dream doing that with anybody in the world (hopeless), yet no-one would believe in that perfection (of a coincidence).

I hear those sort of "operations" can be quite costly..

[cdnbcguy]

I think the term 'Bitcoin' is in the public domain. I also think - and I could be wrong - that the iconic image of the B with the strokes through it is also in the PD.

You know what ELSE will be in the public domain? This idiot's entire life after Anonymous gets through with him....

[twobits]

I think the term 'Bitcoin' is in the public domain. I also think - and I could be wrong - that the iconic image of the B with the strokes through it is also in the PD.

You know what ELSE will be in the public domain? This idiot's entire life after Anonymous gets through with him....

Not a relevant concept for trademarks,    remember a few companies are succfully holding a tm on 'apple' for example.

http://wiki.answers.com/Q/Can_a_valid_English_word_be_owned_as_a_trademark

[SgtSpike]

I think the term 'Bitcoin' is in the public domain. I also think - and I could be wrong - that the iconic image of the B with the strokes through it is also in the PD.

You know what ELSE will be in the public domain? This idiot's entire life after Anonymous gets through with him....

I don't think Anonymous is going after him...

[twobits]

Found this about Japanese tm law:

However, any person or business that has been using a trade mark in Japan that is identical or similar to a registered trade mark prior to the application date of the registered trade mark is allowed to continue to use the mark, assuming the mark has become well-known.

So it seems he can't sue existing users, but could  stop new users.

[Lupus_Yonderboy]

It may not be updated yet, but the status still shows active according the USPTO here. It is possible that he is lying about aborting the application here in the US, I would recommend a bit of diligence until we can confirm that it has been withdrawn.


I don't think this is the last we'll hear from attacks of this kind. I don't know how to insure that this doesn't happen again, but I would be willing to toss a few bitcoins into a collective pool to help fund a community based effort. I know many rebel at the idea of any sort of 'Bitcoin Foundation', and I don't pretend to know the optimum solution. But imagine if next time it is BofA or CitiGroup that tries to trademark Bitcoin. They have legions of attorneys, *very* deep pockets, and could give a rat's ass about anybody's opinion. They will not fold simply because we protest en masse to the USPTO or flood their inboxes with nastygrams.

It is part of the growing pains of any project, and as this project matures someone needs to seriously consider making sure all the i's are dotted and t's are crossed, or it is gonna get legally hijacked.

[sadpandatech]

It may not be updated yet, but the status still shows active according the USPTO here. It is possible that he is lying about aborting the application here in the US, I would recommend a bit of diligence until we can confirm that it has been withdrawn.


I don't think this is the last we'll hear from attacks of this kind. I don't know how to insure that this doesn't happen again, but I would be willing to toss a few bitcoins into a collective pool to help fund a community based effort. I know many rebel at the idea of any sort of 'Bitcoin Foundation', and I don't pretend to know the optimum solution. But imagine if next time it is BofA or CitiGroup that tries to trademark Bitcoin. They have legions of attorneys, *very* deep pockets, and could give a rat's ass about anybody's opinion. They will not fold simply because we protest en masse to the USPTO or flood their inboxes with nastygrams.

It is part of the growing pains of any project, and as this project matures someone needs to seriously consider making sure all the i's are dotted and t's are crossed, or it is gonna get legally hijacked.

amen

[done]

classic thread 

[sadpandatech]

May the internet gods, trolls, citizens, and any other concerned party forgive me in advance.


173.2.27.51

[Alex Beckenham]

I sure do have quantity (bitcoinbabes.com, bitcoindouble.com, bitcoinbalance.com, bitcoinsafety.com, bitcoinsecurity.com, etc, etc.).

wait you own bitcoin balance?

Yep.

Great news for me if this guy really is giving up in the US.

[twobits]

I sure do have quantity (bitcoinbabes.com, bitcoindouble.com, bitcoinbalance.com, bitcoinsafety.com, bitcoinsecurity.com, etc, etc.).

wait you own bitcoin balance?

Yep.

Great news for me if this guy really is giving up in the US.

Not really, just yet,  for WIPO to hear the domain disputes , he only needs to get the tm in any of the signatory countries.

[SgtSpike]

No one with a domain name aside from bitcoin.xxx should worry.  There are plenty of trademarked names used in URL's all over the place.

For example, the Gears of War 2 forum.
http://www.gearsofwar2forums.com/

Gears of War is a trademarked name, yet it is being used in a URL by a 3rd party.  This is allowed.

Cybersquatting could come in to play with a domain like bitcoin.com.  Even bitcoin.org should be fine though, as it is an established site and doesn't "look" like an intended cyber squat.  The laws regarding trademarks and URLs are only meant to protect companies who are basically being bribed to use the domain name that should rightfully be theirs.