Fate of trademarks when business is failing

murraypaul

sr. member

Activity: 476

Merit: 250

Quote from: Bitcoinpro on September 09, 2013, 11:42:49 PM

Quote from: murraypaul on September 09, 2013, 11:07:41 AM

Quote from: Bitcoinpro on September 09, 2013, 06:52:59 AM

Quote from: niko on August 24, 2013, 09:43:32 PM

What are possible scenarios regarding ownership of the "bitcoin" trademark (currently held by Mt. Gox) if owner goes bankrupt, or dissolves, or fails in other similar ways?

due to the decentralized nature of crypto currencies trademarks and copyrights are the property of the entire bitcoin/cryptocurrency community

That's very nice and cuddly, but probably not true.
In the UK, the Bitcoin trademark is indeed owned by Mt Gox: https://bitcointalksearch.org/topic/bitcoin-is-now-a-registered-trademark-in-the-uk-82224

even if someone did register and try to profit they would fail pretty quickly

Mtgox statement:

Their statement has no legal force, they can do what they like with their trademark.

Bitcoinpro

legendary

Activity: 1344

Merit: 1000

Quote from: murraypaul on September 09, 2013, 11:07:41 AM

Quote from: Bitcoinpro on September 09, 2013, 06:52:59 AM

Quote from: niko on August 24, 2013, 09:43:32 PM

What are possible scenarios regarding ownership of the "bitcoin" trademark (currently held by Mt. Gox) if owner goes bankrupt, or dissolves, or fails in other similar ways?

due to the decentralized nature of crypto currencies trademarks and copyrights are the property of the entire bitcoin/cryptocurrency community

That's very nice and cuddly, but probably not true.
In the UK, the Bitcoin trademark is indeed owned by Mt Gox: https://bitcointalksearch.org/topic/bitcoin-is-now-a-registered-trademark-in-the-uk-82224

even if someone did register and try to profit they would fail pretty quickly

Mtgox statement:

We registered the Bitcoin trademark to protect it and allow anyone to use Bitcoins without risking to be attacked by our Pascazi friends (or other people).

More people using Bitcoin freely is of course good for our business. Some US lawyer registering the trademark in various countries with plans to profit from the registration and not by allowing more people to use Bitcoin is bad for our business.

We didn't register the trademark for the purpose of preventing others from using the word Bitcoin, but to protect ourselves and our customers from people who have this kind of mindset.

niko

hero member

Activity: 756

Merit: 501

There is more to Bitcoin than bitcoins.

Quote from: MSantori on September 09, 2013, 11:02:08 AM

I actually wasn't able to find any active federal registration for the trademark "BITCOIN".

There were two registrations attempted. Both were abandoned.

There's more to this world than the U.S. See thread linked to by murraypaul above.

murraypaul

sr. member

Activity: 476

Merit: 250

Quote from: Bitcoinpro on September 09, 2013, 06:52:59 AM

Quote from: niko on August 24, 2013, 09:43:32 PM

What are possible scenarios regarding ownership of the "bitcoin" trademark (currently held by Mt. Gox) if owner goes bankrupt, or dissolves, or fails in other similar ways?

due to the decentralized nature of crypto currencies trademarks and copyrights are the property of the entire bitcoin/cryptocurrency community

That's very nice and cuddly, but probably not true.
In the UK, the Bitcoin trademark is indeed owned by Mt Gox: https://bitcointalksearch.org/topic/bitcoin-is-now-a-registered-trademark-in-the-uk-82224

MSantori

full member

Activity: 168

Merit: 100

I actually wasn't able to find any active federal registration for the trademark "BITCOIN".

There were two registrations attempted. Both were abandoned.

Bitcoinpro

legendary

Activity: 1344

Merit: 1000

Quote from: niko on August 24, 2013, 09:43:32 PM

What are possible scenarios regarding ownership of the "bitcoin" trademark (currently held by Mt. Gox) if owner goes bankrupt, or dissolves, or fails in other similar ways?

due to the decentralized nature of crypto currencies trademarks and copyrights are the property of the entire bitcoin/cryptocurrency community

cryptostart

newbie

Activity: 32

Merit: 0

.....didn't know that Gox owns Bitcoin trademark Shocked

An optimistic scenario would be to transfer it to the Bitcoin Foundation before the sh#t hits the fan Grin

Highly doubtful of that situation though because its $ignificance on their balance sheet.

Quote from: Bitware on August 24, 2013, 11:01:16 PM

I believe the trademark would be a marketable asset.

If so, and assuming that Gox has to liquidate its assets, I would hope that the foundation pulls together to purchase it on the open market before someone ill-intentioned gets it.

Bitware

hero member

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Merit: 1001

weaving spiders come not here

I believe the trademark would be a marketable asset.

niko

hero member

Activity: 756

Merit: 501

There is more to Bitcoin than bitcoins.

What are possible scenarios regarding ownership of the "bitcoin" trademark (currently held by Mt. Gox) if owner goes bankrupt, or dissolves, or fails in other similar ways?

Topic: Fate of trademarks when business is failing (Read 1209 times)