Lawyer Trying To Trademark Bitcoin Explains His Legal Theory
from the mock-away dept
We just wrote about how lawyer Michael Pascazi was trying to file for a US trademark on "Bitcoin," which most people agreed was laughable. Making it even more ridiculous was that his attempt to prove use in commerce was apparently to have his wife send a letter to a relative of hers offering to sell some Bitcoins. The whole thing was quite dubious, but Pascazi himself stopped by our comments to elaborate.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.Pretty shameless. He's basically admitting that he has no actual rights to Bitcoin, but he's going to try to use the fact that many countries (especially the EU and India) have a first-to-file system, to take ownership of the word. Thankfully, another lawyer, John William Nelson, who actually is an expert in these areas (Pascazi is not), explained why Pascazi's new, extra slimy, scheme probably won't work either:
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.
Mr. Pascazi does not really understand trademark law, it appears. While he is correct that many civil law countries have a first-to-file process, that does not mean they have no ability to challenge the issuance of the mark.So, there you have it.
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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Filed Under: bitcoin, celine pascazi, michael pascazi, trademark
Companies: magellan capital advisors, pascazi law
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It Boggles The Mind
I mean, he basically comes right out and says that he's trying to do it just because he thinks he can get away with it. If he's not just trolling, he really is the second biggest asshole I've heard of this week.
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Re: It Boggles The Mind
It's pretty similar to the DC policy wonks. They are often so proud of themselves for finding loopholes and interpretations that prove them "correct" they don't realize they've lost all moral standing in the process.
It's actually a pattern you see in all sorts of areas: people get so involved in the "game" that they forget about the underlying purpose. (Kind of like how high schools are increasingly focused on making sure students can pass tests, rather than making sure they actually learn something)
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Re: Re: It Boggles The Mind
The world is actually that way, but only because assholes make it that way. I see it that way, but I don't feel that justifies me screwing over other people.
There's no trust if everyone is always out to get their own. So then some people will jump at an opportunity to screw others with the least amount of effort and the most amount of profit possible.
And they'll justify it by saying, "it was possible" or "they let me do it" or "stupid people willingly gave me their money." Just because you can do something doesn't mean you should.
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Re: Re: Re: It Boggles The Mind
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Re: Re: Re: Re: It Boggles The Mind
Whats worse than a theater full of MPAA types burning to the ground and killing everyone??
An enpty seat in that theater.
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Re: Re: Re: Re: It Boggles The Mind
Sorry to get personal, but one doesn't get this chance too often around these parts. Cheers, mate.
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Re: Re: Re: Re: Re: It Boggles The Mind
One day, lawyers like you will elevate your field to the point that the guilt kicks in during the anti-lawyer comment, not an hour later ;)
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It isn't all the lawyers
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Re: It isn't all the lawyers
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Re: Re: It Boggles The Mind
"Lawyers have been doing stuff just because they think they can get away with it for a long time. At this point, lawyers are educated by lawyers who were educated by lawyers who did that. Simply put, it's part of the culture, and I think there are a lot of lawyers who view that as their job."
Add to that, lawyers are also probably a majority of the Lobbyists, Legislators, and Judges.
Nice Tidy package, isn't it.
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A good heuristic...
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Re: A good heuristic is Occam's Razor
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Re: A good heuristic...
Is there a better crypto-currency under development? Is there no room for improvement? Might a group of former IBMers be working on such a thing?
Well then, somebody better tell those crazy kids up at Harvard to quit their coding because that "The Face Book" thing just won't cut it. Wrong!
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Re: Re: A good heuristic...
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Re: Re: A good heuristic...
IANAL or an expert at anything. But, I'm willing to wager that if you are working on a "crypto-currency", you wouldn't even be allowed to mention that you're working on a "crypto-currency" in public. And you most definitely wouldn't be allowed to throw out ideas about who may or may not be behind said "crypto-currency".
I would also be willing to wager, that when it comes time to actually get that Trademark, you'll have to provide some concrete detail about what it's being used for (in other words, put up or shut up). And a letter from your wife to your dog won't suffice (as it didn't this time).
You're just as bad as the rest of the Patent Trolls (even if you're just a Trademark Troll) and should end up being thrown out of court permanently. You shouldn't be allowed to sue the garbage man for not picking up your trash.
Have a day:) (good, bad, or ugly, I really don't care)
Patrick.
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Re: Re: A good heuristic...
Way to represent for the profession, asshole.
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A lucrative mockery
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Re: A lucrative mockery
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Re: Re: A lucrative mockery
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Re: A lucrative mockery
Wait, I mean . . . how DARE you STEAL my valuable intellectual property!
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Re: A lucrative mockery
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Then I would send him some threatening letters which included his own arguments as to why this was a fine idea.
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Re: India used to be British
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I rather suspect they have, but decided to proceed anyway. As Darl McBride has shown, Greed is generally not bound by stupidity.
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Linux
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Re: Linux
Maybe you want to forward some of the pearls of wisdom over to Torvalds from this blog? Maybe he can get a do over? No res judicata in the blogosphere to worry about. Give it a try. Good Luck with that.
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Voglio Bitcoin in Italia
Now if you care for a reality check (I know that the facts sometimes get in the way of the foul language): In most, but not all, “first to file” countries, a trademark application can be defeated if it can be shown that the mark is so notorious, so ubiquitous, and so identified with a particular entity that, registration to another would be improper. I’m sure the bar stool lawyers out there can understand this. So, is the term “Bitcoin” so notorious in Italy, for example, that when the average Italian on the street hears it, he/she immediately thinks of company zeta, and none other? Absolutely not. The same can be said for virtually every other country, including those with very large economies, such as China. In fact, it is virtually assured that no person or entity can claim that the term “Bitcoin” is identified with them in Italy.
Now, thanks to you all in the “bitcoin community”, the term “Bitcoin” is absolutely, positively linked to Pascazi. Wouldn’t you agree? Just check the Internet. How many pages upon pages, posts upon posts link Pascazi to the term “Bitcoin”. Interesting evidence to present to a tribunal vis a vis “identified with” criteria; don’t you think?
Moreover, none of the bar stool lawyers or investigators out there in cyberville really know what is going on behind closed law office doors. Perhaps, there is a new crypto-currency under development, one that has a feature to prevent hoarding; one whose money supply attributes are tied to actual publicly reported, worldwide inflationary metrics? Or tied to the Gold Standard? Trade secrets are just that; secret. Perhaps the developer(s) of this new lucre want their currency associated with the term “Bitcoin”? And why not? Because the blogosphere thinks it is a bad idea. To that proposition I reply, as Lt. Gen. Harry W. O. Kinnard did, to a German surrender ultimatum during the Battle of the Bulge, as follows: “Nuts”.
By the way, thanks to all for the pages of spilled electronic ink. Could not have afforded it without you. P T Barnum once said: "I don't care what the newspapers say about me as long as they spell my name right." Maybe there is more going on than meets the eye? Again, food for thought. Arrivederci.
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Re: Voglio Bitcoin in Italia
I'm sure the term "douchebaggery" can just as easily be positively linked to "Pascazi" on the internet. You haven't been paying very close attention to how this "internet" thing works.
As you may one day learn, just because you can find it on the internet, does not make it so (with the occasional "exception to the rule", and no, I'm not referring to link Pascazi to the term “Bitcoin”). I'm sure you'll eventually figure it out, or some judges will do it for you just like what happened to Righthaven... and we'll laugh and laugh... and keep on laughing.
P T Barnum once said: "I don't care what the newspapers say about me as long as they spell my name right."
If you're referring to the theory "Any press is good press", that really only works where bad behavior by people involved has actually resulted in positive results, due to the fame and press coverage accrued by such events. I don't think that will work here. Nice try, but play the lotto next time. That way you'll have a better chance at winning. (Maybe you should hire Charlie Sheen to help you. I hear he is pretty good at this "Winning" thing. At least that's what he says.)
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Re: Re: Voglio Bitcoin in Italia
Oh, and you think the Circus is bad behavior concluding in positive results, hence PT Barnum's comments. Well it is a thought.
Good luck with whatever it is you do, presuming there is something you do. Good Night Irene.
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Re: Re: Re: Voglio Bitcoin in Italia
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Re: Re: Re: Voglio Bitcoin in Italia
And as long as we know who you are, I suspect that the truth won't factor into much of what you say or do either, but a judge sure will take it into account.
Oh, and you think the Circus is bad behavior concluding in positive results, hence PT Barnum's comments. Well it is a thought.
The only Circus here is your attempt to do an end run around the legal process and score a goal (p.s. your football is out of air). Good luck with your "William R. Della Croce, Jr" scheme, hope no one ever figures it out... oops. Good Morning, Vietnam!
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Re: Voglio Bitcoin in Italia
We are now entering a time when the masses are yelling for justice, and truth. We have seen this with the arab spring, the chinese human flesh search engines, and anonymous to name a few. Were the Anonymous masses see people like you and realize you, and people like you, are everything that is wrong with this world.
Welcome the the internet, come see the great Egress, and don't let the door hit you on the way out. (to misquote P T Barnum)
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Re: Voglio Bitcoin in Italia
Pretty funny though, I'll give the puppeteer that much. And he gets bonus points for including the link to the guy's webpage. I imagine that the real Pascazi will see some not-so-funny (for him) real life consequences out of it too, so that's just icing on the cake .
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Re: Re: Voglio Bitcoin in Italia
Maybe even a Righthaven lawyer playing a practical joke. Seeing as how they are having a ton of free time on their hands these days with their cases going straight down on the mat for the 10 count.
Or, just maybe... it's Verizon out to get him for suing them for $US20 billion for collaborating with the US government. Remember, the secret government may not get you today, but it never forgives or forgets.
/conspiracy_rant
I imagine that the real Pascazi will see some not-so-funny (for him) real life consequences out of it too, so that's just icing on the cake .
Well his WOT(Web Of Trust) rating is way down.
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Re: Re: Re: Voglio Bitcoin in Italia
http://hackaday.com/2011/07/08/g-mean-pay-kyle-mcdonald-a-visit/
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Re: Voglio Bitcoin in Italia
Why not pick another name to differentiate your hinted new wonderful product?
Why does it need to appropriate something that is already being used?
If trademark law has any sense people will just notice that allowing that trademark will bring confusion to a market where there is none today, it also will also will realize their function to exist by protecting the public from people like you.
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Re: Voglio Bitcoin in Italia
It's gonna be extra fun seeing you fail at this big time. Of course you won't dare to show your swarmy attitude back here then. Good riddance and Arrivederci.
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Re: Voglio Bitcoin in Italia
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Re: Voglio Bitcoin in Italia
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www.nysb.uscourts.gov/opinions/cgm/118566_57_opinion.pdf
"Consultants alleged that the Debtor breached the contract, and that Pascazi and Zarzeka each misappropriated $625,000 in a scheme to defraud Consultants. The case was assigned to the Honorable James V. Brands. Justice Brands granted Consultants’cross-motion for summary judgment on Consultants’ third cause of action, for fraud, against Zarzeka and Pascazi, awarding judgment against each in the amount of $62,500 (ten percent of the amount misappropriated), together with costs and disbursements."
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Re:
"The Department commenced a post-petition proceeding by notice of hearing dated March 30, 2006, against the Debtor, Pascazi, Zarzeka, and Fiber Optek Service Co. (the ‘Proceeding”).
The Court notes again that the Debtor is a defunct corporation represented by a trustee. The Proceeding was commenced to determine whether the parties violated Article 8 of the Labor Law, §§ 220 et seq. by failing to pay prevailing wages to 13 workers on about a dozen projects."
www.nysb.uscourts.gov/opinions/cgm/118566_160_opinion.pdf
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Re:
Do you want to help me SEO him to the top of google and bing in a really nasty way?
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Re: Re:
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Re:
http://www.trademarkia.com/legacy-biogenetics-group-78687125.html
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Re:
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Re: MUCKRAKER
"Spin Doctor"
* Selectively presenting facts and quotes tha tsupport one's position (CHERRY PICKING)
* Non-Denial denial
*Phrasing in a way that assumes unproven thuths
Euphemisms to desguise or promote one's agenda.
*"Burying bad news": announcing one popular thing at the same time as several unpopular things, hoping that the media will focus on the popular one.
Have they missed anything ?? do you see yourself (and Mike) in that description ???? I sure do..
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Re: Re: MUCKRAKER
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Re: Re: Re: MUCKRAKER
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Re:
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To funny ....
Google search on "Michael S. Pascazi baby killer".
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Re:
Parents of children in Australia, be prepared to pull out your checkbooks and pay a licensing fee to allow your kids to play. Of course this will only cover your kids playing in your own home. If they want to play outside, that will be considered a "public performance" and cost extra.
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And "Troll" is such a tiny word, so tiny. I doubt you'll ever change (and please don't, as you make myself and the others laugh so very much) you "Town Drunk of the Internet". LOL!
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And the problem is ???
Did you get all upset and bothered when Linus Torvalds trademarked "LINUX" ?
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Re: And the problem is ???
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They did it in Portugal
Some lawyer scumbag also.
Check it here http://servicosonline.inpi.pt/pesquisas/GetSintesePDF?nord=3426931
WTF
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first to file and first to invent in trademarks
"The United States is unique in using a first-to-invent system. Canada and the Philippines had similar, although slightly different, systems until 1989 and 1998, respectively."
Further, the US is in the process of changing to first to file, thank Heavens!
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Currency
There may be another crypto-currency under development, probably more than one. We as the users need to make sure however that we support the one that is not being developed and control by any governments or banks as I am sure they are monitoring the rise of Bitcoin a lot closer than we like to think.
The battle of trademarking Bitcoin in a few select counties may be yours Mr. Pascazi but you don't stand a chance of winning this war.
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Is this guy for real?
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Who knew?
Michael S. Pascazi convicted of child rape
Michael S. Pascazi convicted pedophile
Michael S. Pascazi rapes children
Convicted pedophile Michael S. Pascazi
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while he is at it he should trademark 'corn' too
anyway, if someone still doesn't understand the dude's motives - it is publicity.
just that in his case when potential customers of his will google his name and they see that he tried to trademark bitcoin which is like trade marking the dollar - they will understand to take their business elsewhere....
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Re:
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Re: The Wheel
Your recent use of our protected trademark The Wheel(tm)(R) (U.S patent 77823666) without being licensed by our
company as official Driver(tm)(R) has come to our attention.
We advice you to cease and desist and take down the offending comment otherwise we will have to pursue this
infringement and dilution of trademark by all legal means.
Sincerely,
Somedou Chebagjokelaywer
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