http://online.wsj.com/public/resources/documents/20140107-WSJ-coinye.pdfIndeed this is a test for crypto.
Here's something interesting from the Cease & Desist letter:
page 2.
1. cease and desist from any and all use of the mark COINYE WEST and any versions of that mark including COINYE;And then there's this part.
page 3.
If you fail to comply with these demands, we will notify the cryptocurrency community at large of your infringing actions and pursue all legal remedies against any business that accepts the purported COINYE WEST currency. Specifically, Mr. West will pursue claims of contributory trademark infringement and contributory unfair competition, among others, against any entity that accepts or exchanges the COINYE WEST currency. My question now is this: are mining pools "exchanging" the coins when they transfer them to a miners wallet?
An opinion from someone familiar with laws governing these types of issues would be great because the term "exchange" may not carry the same meaning in Trademark infringement suits that the average person might think that it means.
A quick example is New York States Criminal Sale of a Controlled Substance 5th Degree a Felony (NYS P.L. 220.31)
S 220.31 Criminal sale of a controlled substance in the fifth degree.
A person is guilty of criminal sale of a controlled substance in the
fifth degree when he knowingly and unlawfully
sells a controlled
So if Bob hands his friend Joe a dime bag of coke and didn't accept any money or any thing else at all, did Bob "SELL" Joe cocaine?
YES!
Because the definition of sell in the New York State Penal Law states this.
substance. 220.00 Controlled substances; definitions.
1. "Sell" means to sell,
exchange, give or dispose of to another, or
to offer or agree to do the same.
So this what I mean by "EXCHANGE" -- what's the exact definition of it when it comes to Trademark Infringement?
I wish COINYE Devs the best of luck.