Couple Trying To Trademark Bitcoin Via Dubious Claims
from the any-penalties-for-such-filings? dept
Via Slashdot we learn that someone has filed for a trademark on the word Bitcoin.Mouchon? Oh wait. Michel Mouchon is the person the original offer was made to... I'm sure that's just a coincidence, right?
Yeah, it's not hard to put two and two together here. I mean, just the fact that they're claiming the first use in commerce was June 22nd of this year should lead to the application not passing the laugh test. But I do wonder, are there penalties for trying to mislead the USPTO in a trademark filing?
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Filed Under: bitcoin, celine pascazi, michael pascazi, trademark
Companies: magellan capital advisors, pascazi law
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My Wish
In a just universe, someone would flog them publicly for being obnoxious assholes. But in this universe? The USPTO will probably grant it.
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Re: My Wish
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Maybe you should talk to your sister a little more before mis-educating the public. Or maybe I should.
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Bitcoin Trademark in Civil Law Countries
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.
It is often best to look at the whole world picture in these sorts of matters.
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Re: Bitcoin Trademark in Civil Law Countries
And it hasn't been used in the USA, it's been used on The Internets™. It's a global term.
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Re: Bitcoin Trademark in Civil Law Countries
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Re: Bitcoin Trademark in Civil Law Countries
A trademark must be a source identifier. In other words, Mr. Pascazi's 'client' must be recognized as the source of a product by consumers if the mark Bitcoin is used.
As for enforcing international marks in the U.S., this is not as easily done as Mr. Pascazi would hope. Especially if he is able to obtain a registration abroad on such shaky grounds. It could still be subject to the same cancellation process as a U.S. mark.
The question is whether Mr. Pascazi will truly try and enforce a foreign mark on foreign soil. Paying international lawyers is not cheap.
And will he continue to maintain the mark and defend it against attacks?
Mr. Pascazi's client is over-reaching. I recommend Mr. Pascazi or his lawyer consult real trademark attorneys about this. They might receive more thorough advice.
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Re: Re: Bitcoin Trademark in Civil Law Countries
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Re: Re: Re: Bitcoin Trademark in Civil Law Countries
https://iapps.courts.state.ny.us/attorney/AttorneyDetails?attorneyId=5661076
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Re: Bitcoin Trademark in Civil Law Countries
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Re: Re: Re: Bitcoin Trademark in Civil Law Countries
Why don't you try working for a living.
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Re: Bitcoin Trademark in Civil Law Countries
There, asshole: FTFY.
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Just somebody trying to make a name for himself
In any case, threatening to fraudulently register trademarks for the purpose of suing current users of the mark is not looked on kindly by most nations, first-to-file or not. Seems a stupid game to try to play.
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Re: Just somebody trying to make a name for himself
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are there penalties for trying to mislead the USPTO in a trademark filing?
So far as I know, only disallowing the Trademark, but there should be more.
At a minimum the lawyer should be sanctioned.
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Sometimes Hacking Just Doesn't Work As Planned
http://news.yahoo.com/minnesota-wi-fi-hacker-gets-18-years-prison-032803295.html
Wha t a scum bag! Hope he enjoys his all expenses paid stay courtesy of the US Bureau of Prisons. He messed with the wrong guy I guess. Shit Does Happen.
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If the other side hates him; that's the right lawyer
hates. What good is a lawyer that makes everyone happy? When it's your lawyer, a little over the top isn't so bad. The bitcoin community keeps pumping this guy up. Why? Poorly thought out IMHO.
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Re: If the other side hates him; that's the right lawyer
And that the one by Mikey Pascasi (no, I don't give a fuck if I spelled his name right) has the same little image?
Gee, I wonder if maybe in his copious free-time, he decided to engage in a little trolling...
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