Lawyer Trying To Trademark Bitcoin Explains His Legal Theory

[MtRev]

First, he claimed that "for strategic reasons," he and his wife had abandoned the US trademark filing... but, at the same time, they've commenced trademark applications in other countries, which have a first to file rule, rather than a first to use:

    Simultaneously therewith, trademark applications have begun 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. The penalties for infringing trademarks in those civil law "first to file" countries are as severe as the common law jurisdictions, such as the USA, UK, Canada, Australia, etc., which utilize a "first to use" basis.

    Therefore, jumping up and down exhorting that "Bitcoin" has been in use in the USA, or another common law country, since the dark ages is no defense, repeat no defense, to a claim of infringement of a properly registered mark in a "first to file" jurisdiction.

Read the full story here:
http://www.techdirt.com/articles/20110708/00564015004/lawyer-trying-to-trademark-bitcoin-explains-his-legal-theory.shtml

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[Fakeman]

Step 4:
Step 5: Profit!

[epi 1:10,000]

What can be done to stop this guy??

[MtRev]

He may not be able to do it in the US, but I don't think there anything we can do in other countries.

[epi 1:10,000]

Is there anyway the community can file an ethics claim against this guy Asshole?

[Raoul Duke]

If someone is willing to donate i can submit a trademark registration in Portugal.
I wouldn't be able to donate it to the community, as it needs to be a company to regsiter it, but i am willing to sign all the documents the community wants me to, to assure that i will never use it to extort money from bitcoin.

It's already done  

Can be seen here http://servicosonline.inpi.pt/pesquisas/GetSintesePDF?nord=3426931 PDF file!

I can be wrong, but i suspect whoever registered it is just a squatter, just like that lawyer, as they don't seem very technological to me, seeing as they don't even have a website for the company  

The good news are, they must sell at least one product every 10 years using the trademark, or else they lose the right to it(probably they'll just have to pay to register it again).

[qwk]

Relax.

Trademarks may be dealt out on a first-to-file rule in many countries.

But: it does not necessarily follow that he will be able to sue anybody who used them before.

Here in Germany for example, it is absolutely valid to claim a trademark on a first-to-file basis.
It is also possible to sue somebody who violates your trademark after you filed it.
But your claim of the trademark is restricted to new businesses using your trademark for that same purpose, you claimed it for. And, in addition to that, your trademark may still be invalid for the use you were trying to claim it for, if earlier use can be proven.

In the end, what we will probably end up with, is a lawyer who will try to scare / blackmail new smaller businesses into paying a small royalty for use of his trademark. That is already an "established businessmodel" here in Germany, but sooner or later, a lot of these guys end up losing their trademark / their lawyer status, and finally some of them even end up in jail.

[epi 1:10,000]

In the end, what we will probably end up with, is a lawyer who will try to scare / blackmail new smaller businesses into paying a small royalty for use of his trademark. That is already an "established businessmodel" here in Germany, but sooner or later, a lot of these guys end up losing their trademark / their lawyer status, and finally some of them even end up in jail.

I would certianly like to see Michael Pascazi sanctioned.

[Raoul Duke]

I would certianly like to see Michael Pascazi sanctioned.

Well, we can start by giving the moron a bad name!

I opened up a website called Michael S. Pascazi is a scammer!

Please go there and write something about what he is doing. No need to regsiter to submit a post! With a bit of luck maybe it can reach google's first page for Michael S. Pascazi searches.

Oh, it would help if every time someone writes his name it get's hyperlinked there, like this Michael S. Pascazi

[sturle]

I would certianly like to see Michael Pascazi sanctioned.

I opened up a website called Michael S. Pascazi is a scammer!

Isn' that the URL for Pascazi Law Offices?

Shouldn't hurt to register Michael S. Pascazi as a trademark for swindle everywhere either.  Or human feces and other things which one naturally associate the name with.  Perhaps only Pascazi, in case it can be disputed if we use the full name.  "Pascazi the retarded lawyer" action figures could be a hit.

[qwk]

I would certianly like to see Michael Pascazi sanctioned.

Well, we can start by giving the moron a bad name!

I opened up a website called Michael S. Pascazi is a scammer!

I guess it would be easier to write a good article about him and what he does, and post that to wikipedia. #1 google rank for that is almost certain.

[bittersweet]

Perhaps Bitcoin assassination market wasn't such a bad idea...

[Raoul Duke]

I will wait for his lawsuit because of my website

[Raoul Duke]

oops www.google.com/search?q=Michael+S.+Pascazi

is it just me or did it went straight to #5?  

C'mmon guys, everybody give it a +1 on the google search for Michael S. Pascazi

[epi 1:10,000]

So who can we trust to file the trademark stuff in the USA?

[myrkul]

So who can we trust to file the trademark stuff in the USA?

I say we leave it without. Who cares about that shit anyway?

[Fakeman]

I believe this effort will most likely be completely fruitless in financial terms even if it succeeds. Worst case scenario, people operating bitcoin related sites in the affected countries will have to move their servers elsewhere or just call bitcoins something else, e.g. just plain "coin". Try trademarking that.