MoneroMooo
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March 17, 2015, 04:59:12 PM |
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A. You HAVE to enforce your trademark. There is no way Darkcoin can become Dash without sending a cease and desist to Dashcoin if they are somehow granted ownership of the Dashcoin trademark (doubtful in my opinion). If they don't enforce their trademark, it will become null and void.
Is this your opinion based on your logic or is that actually true? I just have to ask because people often talk as if things were absolute facts even if they are just their opinions. There is a misconception that you have to constantly monitor all forms of communication and raise hell each time your trademark is even lightly infringed. You don't. However, for there to be a DASH cryptocurrency and a Dashcoin cryptocurrency would create such confusion (as posts in this and the Darkcoin thread have already shown) that there's no way Darkcoin (DASH) could allow Dashcoin to continue under the name. Have I checked with an attorney on this? No. But I'm quite certain I am correct. At least in one jurdisdiction, I'm reasonably sure that if you don't enforce it, you increase your chances of losing the trademark. The reasoning is that since a trademark's intent is to associate a name with a particular product/company, the dilution caused by the use of that mark for another product/company in the same field (this bit may be a bit fuzzy) causes the trademark to be mooted (this bit is also fuzzy). Sometimes, you see companies sending cease and desist letters to fan clubs etc. This is why. There may be some overeagerness in order to preempt any possible challenge, but the idea is there. Now, this is not cut and dry, failure to enforce your trademark doesn't automatically your mark is forfeit, but it is one of hte things that a court would look at when there is a challenge to the mark. Though I believe the main issue for this is genericization, and the dashcoin thing is more about infrigement. |
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smooth
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March 17, 2015, 09:31:27 PM |
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A. You HAVE to enforce your trademark. There is no way Darkcoin can become Dash without sending a cease and desist to Dashcoin if they are somehow granted ownership of the Dashcoin trademark (doubtful in my opinion). If they don't enforce their trademark, it will become null and void.
This is slightly wrong. Policing infringement is a requirement and a reasonable expectation, but pre-existing users who do not expand into a new market are not infringing. |
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masternode
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March 17, 2015, 09:40:54 PM
Last edit: March 17, 2015, 11:56:34 PM by masternode |
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Dunno what Evan's intent is exactly, but I'm just assuming here (and playing with the possible outcomes):
a) If Evan manages to trademark DASH in the field of virtual currencies (or w/e the field's gonna be), he is going to let Dashcoin be Dashcoin, no problems for anyone.
b) If the other company is admitted the trademark to DASH, then it might not allow Dashcoin be Dashcoin as it's just been proven to operate in the same market/field.
Thoughts?
A. You HAVE to enforce your trademark. There is no way Darkcoin can become Dash without sending a cease and desist to Dashcoin if they are somehow granted ownership of the Dashcoin trademark (doubtful in my opinion). If they don't enforce their trademark, it will become null and void. B. The other company's trademark application will potentially be denied because of the earlier existence of Dashcoin. The smartest thing for Darkcoin to do is what it should have done (and would have done if there was a competent business executive) initially. BUY OUT Dashcoin holders. And do it before the other company starts bidding as they potentially will if they really want the DASH name and worry that the existence of Dashcoin would hinder their trademark app. Could I be wrong about all of this? Yes. Could I be correct? Yes. We shall see. Make no mistake, this story has the potential to get much, much bigger... It's obviously to me you haven't gotten actual legal advice on this. I've dealt with a number of trademark attorneys in the past for different reasons, and am fairly knowledgable. For the record, you can have IP rights to the Dashcoin name even from operating web sites that use the name Dashcoin for business as long as they were in operation prior to the filing, it doesn't only belong to the coin originator. And for the record, coin purchasers / holders don't have any IP rights. The originator and people actively doing business with that mark are entitled to these rights (assuming the originator or others don't oppose each other co-existing). As far as dashcoin goes it wasn't just the git-hub repo that was purchased from what I understand. While you are insistent, your position is flawed. I'm sorry but you have yet to be correct in any legal assessment I've seen from you regarding this situation. It's clear to me you got impulsive and felt clever and opportunistically ran in to buy some coins without really understanding what the legal situation was. Simply foolish. |
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masternode
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March 17, 2015, 09:58:12 PM
Last edit: March 17, 2015, 10:32:14 PM by masternode |
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A. You HAVE to enforce your trademark. There is no way Darkcoin can become Dash without sending a cease and desist to Dashcoin if they are somehow granted ownership of the Dashcoin trademark (doubtful in my opinion). If they don't enforce their trademark, it will become null and void.
Is this your opinion based on your logic or is that actually true? I just have to ask because people often talk as if things were absolute facts even if they are just their opinions. There is a misconception that you have to constantly monitor all forms of communication and raise hell each time your trademark is even lightly infringed. You don't. However, for there to be a DASH cryptocurrency and a Dashcoin cryptocurrency would create such confusion (as posts in this and the Darkcoin thread have already shown) that there's no way Darkcoin (DASH) could allow Dashcoin to continue under the name. Have I checked with an attorney on this? No. But I'm quite certain I am correct. This is simply not true. Again you don't know what you are talking about, and should really consider getting some legal advice in this matter. Anyway, here is a real world case that is analogous and can shed some light on the matter. There exists a Burger King in the florida that operates under the same name as the large national franchise. They existed prior to the national franchise Burger King being awarded a trademark (I think they might have even been the original), yet they continue to operate just fine. There are two reasons for this. a.) they had IP rights as they were in existence prior to the national franchise filing for the trademark and b.) they pose no threat as far as confusion goes to the larger franchise so it wasn't worth trying to buy out and/or shut down (which they could so easily do). With that being said, do you seriously think Dashcoin could ever present a threat against DRK? Absolutely not, which is why there has been no mention ever about shutting down the coin. |
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ArticMine
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March 17, 2015, 10:40:25 PM |
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...
Anyway, here is a real world case that is analogous and can shed some light on the matter. There exists a burger king in the florida that operates under the same name as the large national franchise. The existed prior to burger king being awarded a trademark (I think they might have even been the original), yet they continue to operate just fine. There are two reasons for this. a.) they had IP rights as they were in existence prior to the national franchise filing for the trademark and b.) they pose no threat as far as confusion goes to the larger franchise so it wasn't worth trying to buy out and/or shut down (which they could so easily do).
With that being said, do you seriously think dashcoin could ever present a threat against DKR/Dash? Absolutely not, which is why there has been no mention ever about shutting down the coin.
In reality with case b) there is little that the larger franchise can do unless they make a deal with pre existing burger king. In fact the existence of of the pre existing commercial use of the name puts the national trademark in jeopardy. A very good example is the Lindows / Windows case https://en.wikipedia.org/wiki/Microsoft_Corp._v._Lindows.com,_Inc. Microsoft’s hold on the Windows trademark in the United States is actually on very shaky ground. What saved Microsoft's position is that Lindows was also doing business in jurisdictions where Microsoft's Windows trademark was on solid ground such as the Netherlands, in effect Microsoft was using its strong trademark rights in the Netherlands to support its weak trademark rights in the United States. So one gets a settlement where the alleged victim, Microsoft, actually pays money. Hmm ... There a two issues here. First the rights to the Dashcoin name are not the devs to sell. This is the point that MyFarm is making although I am far from convinced that acquiring a certain percentage of the Dashcoins will buy the rights to the Dashcoin name. What the Darkcoin Foundation may have acquired here is enough of an interest in the Dashcoin name to prevent the trademark registration by a third party, if and that is a big if they can show they have acquired a bona fide interest in the Dashcoin name. It may be the case is that simply owning some Dashcoin may be a better way to prevent the third party registration of Dash. This brings me to my second point there is a good possibility that any holder of Dashcoin may be able to prevent the registration of Dash by Darkcoin foundation in the event the Darkcoin Foundation succeeds in blocking the third party registration of Dash. In conclusion the Darkcoin Foundation may be able to use the name Dash; however it also may not be able to get the exclusive rights to the name. Preventing someone else from getting trademark rights to a word is a lot easier that obtaining those rights for oneself. |
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ilic
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March 17, 2015, 10:42:51 PM |
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I've got a solution to all your "boo hoo Drk coin is bad" bullshit...i'm looking at you mainly arielbit
The dashcoin community stay the hell out of the Darkcoin/DASH threads and the Darkcoin/DASH will stay out of your thread.
Then we can all focus on things that are important and you guys can do whatever the hell you want with whatever the hell name coin you choose.
I urge any other Darkcoiners to leave this thread and to ignore any trolling/fud on the darkcoin thread.
thanks for your time.
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masternode
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March 18, 2015, 12:10:41 AM |
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There a two issues here. First the rights to the Dashcoin name are not the devs to sell. This is the point that MyFarm is making although I am far from convinced that acquiring a certain percentage of the Dashcoins will buy the rights to the Dashcoin name. What the Darkcoin Foundation may have acquired here is enough of an interest in the Dashcoin name to prevent the trademark registration by a third party, if and that is a big if they can show they have acquired a bona fide interest in the Dashcoin name. It may be the case is that simply owning some Dashcoin may be a better way to prevent the third party registration of Dash. This brings me to my second point there is a good possibility that any holder of Dashcoin may be able to prevent the registration of Dash by Darkcoin foundation in the event the Darkcoin Foundation succeeds in blocking the third party registration of Dash.
You are 100% wrong here. The IP rights for the Dashcoin mark belong to the creator of the coin as well as anyone running businesses using that mark (i.e. websites to promote the coin, etc.) prior to any file for trademark. Multiple people or parties can have rights to the Dashcoin mark, and any of them can sell their rights to it. You should consult with an attorney before discussing these matters, as it's clear from your comments you do not know trademark law. |
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arielbit
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March 18, 2015, 12:13:35 AM
Last edit: March 18, 2015, 04:26:17 AM by arielbit |
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I've got a solution to all your "boo hoo Drk coin is bad" bullshit...i'm looking at you mainly arielbit
The dashcoin community stay the hell out of the Darkcoin/DASH threads and the Darkcoin/DASH will stay out of your thread.
Then we can all focus on things that are important and you guys can do whatever the hell you want with whatever the hell name coin you choose.
I urge any other Darkcoiners to leave this thread and to ignore any trolling/fud on the darkcoin thread.
thanks for your time.
CAUTION! THE FOLLOWING USERS ARE DARK SUBHUMANS KNEELING TO THEIR BROKEN ANONYMOUS COIN THEY HAVE. Worshipping Duffield's Cash (DASH) .
illodin
bigrcanada
Minotaur26
BrainShutdown
ilic
masternode
Please reconsider your investments
bump from darkcoin thread edit: must be pressing the right buttons here  |
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Miki77
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March 18, 2015, 12:59:56 AM |
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WE ARE THE WRONG PEOPLE Ok. There are whole WWWRRROOONNNGGG worlds around us. Why Evan Duffield need dashcoin codebase? |
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ArticMine
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March 18, 2015, 01:01:46 AM |
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...
You are 100% wrong here. The IP rights for the Dashcoin mark belong to the creator of the coin as well as anyone running businesses using that mark (i.e. websites to promote the coin, etc.) prior to any file for trademark. Multiple people or parties can have rights to the Dashcoin mark, and any of them can sell their rights to it. You should consult with an attorney before discussing these matters, as it's clear from your comments you do not know trademark law.
Actually it is you who are wrong. How can I oppose a mark listed in the TMOG?
Once the USPTO publishes a trademark in the TMOG, any party who believes he or she will be damaged by the registration of the trademark has 30 days either to: (1) file an opposition to the trademark with the Trademark Trial and Appeal Board (TTAB); or (2) request an extension of time to file a notice of opposition. http://www.uspto.gov/learning-and-resources/trademark-faqs It does not say that the person opposing has to have the exclusive rights to mark. So for example anyone who is a holder of Dashcoin could oppose a Darkcoin Foundation registration of Dash if they believe their interests can be damaged by the registration of Dash by the Darkcoin Foundation. First the jury is very much out on whether the developer of Dashcoin has the right to sell the IP rights to the coin. Furthermore even if we were to grant that the developer did have this right there has been enough commerce done on Poloniex trading Dashcoin and with the functioning of Dashcoin since the so called sale to negate if not dilute those rights. The Darkcoin Foundation is in no position and has not acted to prevent either the functioning of Dashcoin or the trading of Dashcoin. |
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ArticMine
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March 18, 2015, 01:03:52 AM |
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WE ARE THE WRONG PEOPLE Ok. There are whole WWWRRROOONNNGGG worlds around us. Why Evan Duffield need dashcoin codebase? They are after the name in order to pick a legal fight with another company that has filed an application to register Dash as a trademark. |
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wow!NotAgain
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March 18, 2015, 02:45:09 AM |
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masternode
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March 18, 2015, 03:08:23 AM |
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...
You are 100% wrong here. The IP rights for the Dashcoin mark belong to the creator of the coin as well as anyone running businesses using that mark (i.e. websites to promote the coin, etc.) prior to any file for trademark. Multiple people or parties can have rights to the Dashcoin mark, and any of them can sell their rights to it. You should consult with an attorney before discussing these matters, as it's clear from your comments you do not know trademark law.
Actually it is you who are wrong. How can I oppose a mark listed in the TMOG?
Once the USPTO publishes a trademark in the TMOG, any party who believes he or she will be damaged by the registration of the trademark has 30 days either to: (1) file an opposition to the trademark with the Trademark Trial and Appeal Board (TTAB); or (2) request an extension of time to file a notice of opposition. http://www.uspto.gov/learning-and-resources/trademark-faqs It does not say that the person opposing has to have the exclusive rights to mark. So for example anyone who is a holder of Dashcoin could oppose a Darkcoin Foundation registration of Dash if they believe their interests can be damaged by the registration of Dash by the Darkcoin Foundation. First the jury is very much out on whether the developer of Dashcoin has the right to sell the IP rights to the coin. Furthermore even if we were to grant that the developer did have this right there has been enough commerce done on Poloniex trading Dashcoin and with the functioning of Dashcoin since the so called sale to negate if not dilute those rights. The Darkcoin Foundation is in no position and has not acted to prevent either the functioning of Dashcoin or the trading of Dashcoin. You've made a lot of assumptions here. Again, you should consult with an attorney. |
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ArticMine
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March 18, 2015, 03:43:47 AM |
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...
You've made a lot of assumptions here. Again, you should consult with an attorney.
I am not the one trying to challenge a trademark on the basis of a very dubious deal, nor do I have a position in Darkcoin that could be jeopardized by all the legal ramifications of this. I do agree that anyone who could be adversely impacted by what may become very complex litigation arising out of the Darkcoin re branding to Dash should of course seek legal advice, starting of course with anyone with a significant position in Darkcoin. |
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iCEBREAKER
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Crypto is the separation of Power and State.
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March 18, 2015, 04:23:18 AM
Last edit: March 18, 2015, 05:21:18 AM by iCEBREAKER |
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Why Evan Duffield need dashcoin codebase?
Duff needs dashcoin's superior Cryptonote codebase to fix the gaping holes (called MalwareNodes) in Dark's security. But...he and the DurfCoin community are too stupid to understand why and only want Dash's marginally less crummy name, but that can't be helped.  |
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Monero
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whether we have a dictatorship or a real democracy." David Chaum 1996
"Fungibility provides privacy as a side effect." Adam Back 2014
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runpaint
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March 18, 2015, 04:52:07 AM |
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With that being said, do you seriously think Dashcoin could ever present a threat against DRK? Absolutely not
Obviously. DRK is so big. Or DASH. Whatever it's called, it's soooo important. Just like Peercoin. Did you know Peercoin is going to replace Bitcoin? A lot of people said it, not long ago, so it must be true. You picked a coin with a bad name, and you admit it. You have exercised poor judgment, and you admit it. "Darkcoin" is dead, and you admit it. That's why you want my coin's name. I picked a coin with a good name, and you agree. I have exercised good judgment, and you agree. Dash is a great name for a coin, and you agree. "Oh it's not Dashcoin it's Dash." And it's not DSHC, it's DSH. Scroll up and look at the title of this topic. Then wake up and listen to yourself - do you seriously think Dashcoin could ever present a threat against DRK? What DRK? The DRK that's trying to be Dash? DRK has already lost. |
GoldenCryptoCommod.com
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runpaint
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March 18, 2015, 04:58:25 AM |
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The dashcoin community stay the hell out of the Darkcoin/DASH threads There are new DSH threads? I'll be right over, thanks for telling me. I've been involved with DSH for several months, and I welcome you to our Dash community. Then we can all focus on things that are important Like replacing your bad name with our good name and you guys can do whatever the hell you want with whatever the hell name coin you choose. Namecoin? That's a good one, why don't you name your coin that? |
GoldenCryptoCommod.com
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arielbit
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March 18, 2015, 05:11:30 AM |
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it is nice to see some people from dashcoin speaking up...
by the way if the community don't want to sold out like thefarm has proposed, i'm with them.....my vote goes especially to the people who've been here before slb sold us out and the people supporting dashcoin.
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illodin
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March 18, 2015, 06:32:27 AM |
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I am not the one trying to challenge a trademark on the basis of a very dubious deal, nor do I have a position in Darkcoin that could be jeopardized by all the legal ramifications of this. I do agree that anyone who could be adversely impacted by what may become very complex litigation arising out of the Darkcoin re branding to Dash should of course seek legal advice, starting of course with anyone with a significant position in Darkcoin.
Why would DRK be "jeopardized" if it happens for example that it can't acquire the trademark to DASH? Then stay as Darkcoin, use the name DASH anyway, or come up with an even better name? |
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wow!NotAgain
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March 18, 2015, 06:34:48 AM |
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darkcoin not able claim dash name trademark not enforce others have claim dash early than darkcoin why they waste time change name to DASH? anyone can use united states trademark not apply world others not care will use name maybe I make and use name nobody can stop darkcoin people much stupid think can make dash name only for them they idiot nobody listen just laugh anyone use dash darkcoin not stop
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