OGNASTY now Guilty of trademark infringement.. When will this punk stop?

[Wendigo]

How are the Chinese getting away with their similarly sounding copycat branding? They are legally selling copycat products in direct competition with the companies they are copying from. What's the difference between BitcoinPenny/BitcoinNastyPenny and, for example, Nokia/Nokla or RedBull/RidBull or StarBucks/StarFucks?

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[BitcoinPenny]

How are the Chinese getting away with their similarly sounding copycat branding? They are legally selling copycat products in direct competition with the companies they are copying from. What's the difference between BitcoinPenny/BitcoinNastyPenny and, for example, Nokia/Nokla or RedBull/RidBull or StarBucks/StarFucks?

It's a good question, Wendigo. "The Chinese" is a broad statement. I assure you that Nokia, RedBull, and Starbucks all pursue trademark infringement lawsuits with the companies who infringe. (Usually, all it takes is a letter from Nokia's legal department.) However, as soon as one company is court-ordered to stop production or simply shut-down for illegal operations without permits, another pops up in its place. There isn't just a single "Chinese" manufacturer doing all the infringing with knock-off products. Counterfeiting is big business. Often, it's worth the hassle to sell a few knock-offs, pay a few fines, close-up shop, then re-open somewhere on the next block.

Regards,
Chris

[CanaryInTheMine]

First of all you can't claim to have copyrights on the word ''bitcoin'' nor the word ''penny'' They only have copyrights on  ''BitcoinPenny'' as a whole, not separate. You can't claim copyright if someone decides to use ''bitcoin'' or ''penny'' just like ''wholefoods'' would not be able to claim copyright if someone uses the word food.

True, sort of. You're right that no person/company can trademark the individual words "bitcoin" or "penny." However, they can trademark the combination of those words, as in "Bitcoin Penny™." It's the same as the words "home" and "depot." Individually, they are non-trademarkable. Together, they are 100% trademarked.

Additionally, it's not just the words themselves that carry trademark weight. It's the category of product or service where that trademark is used. I am totally within my rights to create a hand-knit woolen doll that looks like a snow monster and call it the "Yeti" doll. However, I can not create a new beer cooler and call it the "Yeti" cooler without infringing upon an established trademark.

Does he claim copyright because someone uses "bitcoin" or "penny" or does he claim copyright because someone uses both and added Nasty between it?

It's trademark infringement "because someone uses both and added Nasty between it."

In court, the question would be asked, "Would the average, reasonable consumer expect that the 'Bitcoin NastyPenny™' was affiliated with 'Bitcoin Penny™'?" If the answer is "yes," then it's trademark infringement. That's the whole reason for trademark law--to protect unknowing consumers from purchasing a service or product from one person/business while thinking it was affiliated with a different person/business. That's why they invented trademarks, to differentiate the service or product of one business from the service or product from another business. It's really very simple.

In this particular case, it boils down to the above question: "Would the average, reasonable consumer expect that the 'Bitcoin NastyPenny™' was affiliated with 'Bitcoin Penny™'?"

If the answer is "yes," then it's trademark infringement. If the answer is "no," then it's not trademark infringement.

Personally, I believe the answer is "yes." However, since we're not taking this to court, then it's really a moot point.

Regards,
Me

PS -- To play devil's advocate (because I find doing so exercises the mind), one might attempt to argue on OgNasty's behalf that the use of "Bitcoin NastyPenny™" should be allowable via protected parody laws. It may be a stretch to consider the product as a legally-defined parody, but it's worth considering as a possible exemption from trademark infringement.

The answer is no because bitcoin and penney are common words now.  Also, a trademark can be invalid even if it was issued a while back.  If the term becomes common, anyone in dispute could file a petition to cancel that trademark.

[BitcoinPenny]

The answer is no because bitcoin and penney are common words now.  Also, a trademark can be invalid even if it was issued a while back.  If the term becomes common, anyone in dispute could file a petition to cancel that trademark.

"International" is a common word. "Business" is a common word. "Machines" is a common word. Try starting a computer company called "International Business Machines," and see how that works out for you.

Regards,
Chris

[Quickseller]

This post should not be construed as legal advice.

Based upon my review of relivant law, and the facts surrounding the sale of OgNasty’s “bitcoin NastyPenny” I would say the case for trademark infringement is far from an open and shut case.

The standard for infringement appears to be if the use of a trademark (or something very similar to a trademark) is likely to cause confusion to a consumer.  One important fact is that OgNasty was in fact selling a product named in the trademark with additional “features”.

Although not pertinent to the legal evualation of the situation, bitcoinpenny did post that OgNasty’s sale of the coins were seen positively by what is essentially a portion of his customer base. I would suggest that he at least make an evualation as to if OgNasty’s specific use of bitcoin and penny have a net positive impact on his business— if so he should consent to the limited use of his trademark, making the question of infringement moot.

[CanaryInTheMine]

The answer is no because bitcoin and penney are common words now.  Also, a trademark can be invalid even if it was issued a while back.  If the term becomes common, anyone in dispute could file a petition to cancel that trademark.

"International" is a common word. "Business" is a common word. "Machines" is a common word. Try starting a computer company called "International Business Machines," and see how that works out for you.

Regards,
Chris

That is invalid argument.  There are classes of trademarks called “famous” IBM is one of them.  You don’t have a famous trademark here. IBM, Coke, xerox, MasterCard, visa etc etc.. are examples of famous trademarks.

[suchmoon]

Ignoring wannabe intertubes lawyers for a minute, what exactly is Og trying to achieve here? It looks like even if there was some talk about cooperation with BitcoinPenny in the past - that's no longer in effect. I can't imagine it's good for Og's business to have this kind of dispute hanging over it. So what's the benefit for Og to keep being a stubborn asshole about it?

I spent like two hours reading various Og-themed threads and I feel dumber now. Help me out here.

[owlcatz]

Ignoring wannabe intertubes lawyers for a minute, what exactly is Og trying to achieve here? It looks like even if there was some talk about cooperation with BitcoinPenny in the past - that's no longer in effect. I can't imagine it's good for Og's business to have this kind of dispute hanging over it. So what's the benefit for Og to keep being a stubborn asshole about it?

I spent like two hours reading various Og-themed threads and I feel dumber now. Help me out here.

Because he can never admit when he's wrong, or out of line, so he just lies and obfuscates. You saw my thread right? He still won't answer whether or not he wrote that PM i have screenshot of... I just assume that whenever he just gives up like this, he knows he has lost and moves on. Kinda like our buddy Quicksy...

Picture a green Donald Trump, and there is your Ognasty.

 

[suchmoon]

Ignoring wannabe intertubes lawyers for a minute, what exactly is Og trying to achieve here? It looks like even if there was some talk about cooperation with BitcoinPenny in the past - that's no longer in effect. I can't imagine it's good for Og's business to have this kind of dispute hanging over it. So what's the benefit for Og to keep being a stubborn asshole about it?

I spent like two hours reading various Og-themed threads and I feel dumber now. Help me out here.

Because he can never admit when he's wrong, or out of line, so he just lies and obfuscates. You saw my thread right? He still won't answer whether or not he wrote that PM i have screenshot of... I just assume that whenever he just gives up like this, he knows he has lost and moves on. Kinda like our buddy Quicksy...

Picture a green Donald Trump, and there is your Ognasty.

 

I read your thread and a half-dozen other threads and I can't say that I'm any closer to understanding the rationale of Og's behavior. Maybe I shouldn't even try.

[TMAN]

Ignoring wannabe intertubes lawyers for a minute, what exactly is Og trying to achieve here? It looks like even if there was some talk about cooperation with BitcoinPenny in the past - that's no longer in effect. I can't imagine it's good for Og's business to have this kind of dispute hanging over it. So what's the benefit for Og to keep being a stubborn asshole about it?

I spent like two hours reading various Og-themed threads and I feel dumber now. Help me out here.

Because he can never admit when he's wrong, or out of line, so he just lies and obfuscates. You saw my thread right? He still won't answer whether or not he wrote that PM i have screenshot of... I just assume that whenever he just gives up like this, he knows he has lost and moves on. Kinda like our buddy Quicksy...

Picture a green Donald Trump, and there is your Ognasty.

 

I read your thread and a half-dozen other threads and I can't say that I'm any closer to understanding the rationale of Og's behavior. Maybe I shouldn't even try.

You can't, I believe you are Inteligent and can admit when you are wrong. OG is dumb and will always fight even if he is obviously wrong

[owlcatz]

Ignoring wannabe intertubes lawyers for a minute, what exactly is Og trying to achieve here? It looks like even if there was some talk about cooperation with BitcoinPenny in the past - that's no longer in effect. I can't imagine it's good for Og's business to have this kind of dispute hanging over it. So what's the benefit for Og to keep being a stubborn asshole about it?

I spent like two hours reading various Og-themed threads and I feel dumber now. Help me out here.

Because he can never admit when he's wrong, or out of line, so he just lies and obfuscates. You saw my thread right? He still won't answer whether or not he wrote that PM i have screenshot of... I just assume that whenever he just gives up like this, he knows he has lost and moves on. Kinda like our buddy Quicksy...

Picture a green Donald Trump, and there is your Ognasty.

 

I read your thread and a half-dozen other threads and I can't say that I'm any closer to understanding the rationale of Og's behavior. Maybe I shouldn't even try.

You can't, I believe you are Inteligent and can admit when you are wrong. OG is dumb and will always fight even if he is obviously wrong

This, exactly... I also believe most of us here are not insane narcissists exhibiting paranoid/delusional behavior.   

[game-protect]

I would like to see the registration of the Bitcoin NastyPenny™?

[Quickseller]

I would like to see the registration of the Bitcoin NastyPenny™?

® means there is a registered trademark....^TM means a trademark is claimed...

[game-protect]

I would like to see the registration of the Bitcoin NastyPenny™?

® means there is a registered trademark....^TM means a trademark is claimed...

Wikipedia says: Use of the trademark symbol (™) indicates an assertion that a word, image, or other sign is a trademark;

Do you mean OgNasty requested it to become a trademark? If so, where?

[TMAN]

I would like to see the registration of the Bitcoin NastyPenny™?

® means there is a registered trademark....^TM means a trademark is claimed...

Why do you blindly support OG in every thread? Do you not think he could be wrong even once? It's like rowing with the Mrs with you two, perfection and never putting a foot wrong?

[Quickseller]

I would like to see the registration of the Bitcoin NastyPenny™?

® means there is a registered trademark....^TM means a trademark is claimed...

Wikipedia says: Use of the trademark symbol (™) indicates an assertion that a word, image, or other sign is a trademark;

Do you mean OgNasty requested it to become a trademark? If so, where?

I would advise that you read up on trademark law.

[TMAN]

I would like to see the registration of the Bitcoin NastyPenny™?

® means there is a registered trademark....^TM means a trademark is claimed...

Why do you blindly support OG in every thread? Do you not think he could be wrong even once? It's like rowing with the Mrs with you two, perfection and never putting a foot wrong?

Why do you blindly support OG in every thread? Do you not think he could be wrong even once? It's like rowing with the Mrs with you two, perfection and never putting a foot wrong?

[cunicula]

NastyDynasty™


QuickNasty the slob cum of balding grown affected with kwashiorkor.

[game-protect]

I would like to see the registration of the Bitcoin NastyPenny™?

® means there is a registered trademark....^TM means a trademark is claimed...

Wikipedia says: Use of the trademark symbol (™) indicates an assertion that a word, image, or other sign is a trademark;

Do you mean OgNasty requested it to become a trademark? If so, where?

I would advise that you read up on trademark law.

I just want to know where OgNasty claimed / requested to let Bitcoin NastyPenny™ become a trademark? In San Diego?

If he did not make an official claim or request, based on what circumstances or laws has he the right to claim that Bitcoin NastyPenny™ is a trademark?

[ab8989]

I have searched for these trademarks on both www.tmdn.org and tmsearch.uspto.gov and it seems pretty clear that neither bitcoinpenny nor nastypenny are registered trademarks and there is not even an application for a trademark. I know how an application for trademark looks like on these search websites and there is none of those.

To me it seems that penny is such a common word that nobody can claim owning all possible <word>penny combinations like Bitcoinpenny seems to claim to own. To me it looks like this is an issue that is possible to have differing opinions and who is right can only be settled in court if somebody wants to take it that far but I would not hold my breath since nobody has spent even a much smaller amount of money to file for the trademark.