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Topic: The PASCAZI Retaliation, fighting opportunists worldwide and why we applied for - page 2. (Read 4269 times)

legendary
Activity: 1862
Merit: 1114
WalletScrutiny.com
Ok guys why are you sooo excited about a name. "Raider" is called "Twix" now here in Germany, so what? This rebrand gave it quite some media attention and if we rebrand to TwixCoin, I'm 100% fine with that. No need to panic about a name!

Only problem would be to agree on a nice name and an organisation to register it for the good of bitcoin without having some stupid fraudsters TM it in the process again.

The battle for the name BitCoin might already be lost in many countries as Advocat said.

So I guess MtGox could do such a thing. Or TradeHill. Do a world wide registration for TwixCoin or any other nice name that is still available world wide. Do it secretly without any opposing lawyers and then give that name over to the EFF or whatever trusted entity that would take it. (And note down all the costs along the way for maybe you get compensations by the community. I heard some are very idealistic and welcoming to such a move.)
vip
Activity: 608
Merit: 501
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It's not MagicalTux's decision anymore, he doesn't have final say.

How so?
hero member
Activity: 938
Merit: 1002
I have little doubt you want the Trademark rights them for the very same reason Pascazi wants them, profit.

In this case, I think profit comes from the good publicity MtGox has been making by these undertakings. Even better if the rights are transferred to a non-profit.


You're stone crazy if you think that Gox will simply give a way a valuable asset like Trademark after fighting so hard for it and spending money.

Well, it's a bet. Smiley I know exactly nothing about the situation, but it just makes sense for them to bet on publicity. Besides, I've always trusted MagicalTux's good intentions. Roll Eyes
hero member
Activity: 938
Merit: 1002
I have little doubt you want the Trademark rights them for the very same reason Pascazi wants them, profit.

In this case, I think profit comes from the good publicity MtGox has been making by these undertakings. Even better if the rights are transferred to a non-profit.
legendary
Activity: 910
Merit: 1001
Revolutionizing Brokerage of Personal Data
The bad news is that a large of majority of the Bitcoin Community do not trust MtGox anymore than they do Pascazi.
Sorry, but that is just not true. Even if some people might have their reservations against Mt. Gox, I can't see how anyone could put them on the same level as Pascazi, let alone a "large majority".

I for one am very happy that Mt. Gox is pursuing this, as I highly doubt that anybody else from the community (even those who complain now) would actually do something in that direction.
vip
Activity: 608
Merit: 501
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The trademarks should be handed over to a non profit bitcoin foundation I have said all along.

We never said it was our plan to keep the trademarks. Just wait a bit more for updates.
hero member
Activity: 686
Merit: 500
Wat
The trademarks should be handed over to a non profit bitcoin foundation I have said all along.
hero member
Activity: 868
Merit: 1008
Has anyone else filed for trademark in the US?  At this point, I think that would be a good idea.
newbie
Activity: 24
Merit: 0
I may sound like a broken record here, but we are working on this and it takes time... We really would love that things have moved quicker even in France (Please read the press release and you will understand why in France it is taking time).

This said, we will get back to you soon on this matter regardless of the outcome.

Cheers

Why do you all refer only to Pascazi http://www.pascazilaw.com in your release when the Portugal mark has been registered already for many months, and the German firm applied for a Community Mark (27 Countries) before you, has priority over you, and has opposed your application? You all playing some sort of game? Looking to prod the US lawyer into a lawsuit? I smell a big Rat.
newbie
Activity: 24
Merit: 0
Actually, I think the best outcome would be if mtgox applied for and was rejected the trademark.  That would establish a clear ruling in the court systems that bitcoin cannot be trademarked and is free for anyone to use.  I would hope that mtgox would recognize that this is the best possible outcome and would be supportive of efforts to oppose the trademark.

The mark in class 36 is already registered in Portugal. Already registered to other than MtGox. And a German firm filed before MtGox for a Community Mark (27 countries), in the EU, in a number of classes. Your proposed outcome has been mooted already.
vip
Activity: 308
Merit: 250
I may sound like a broken record here, but we are working on this and it takes time... We really would love that things have moved quicker even in France (Please read the press release and you will understand why in France it is taking time).

This said, we will get back to you soon on this matter regardless of the outcome.

Cheers
newbie
Activity: 24
Merit: 0
With all due respect, I think I speak accurately for the community when I say I don't think we want to wait months to find out what your plans are.

Hi Casascius,

Unfortunately things are not "that" easy when it comes to trademarking (apply and/or oppose), time is a virtue here. For example it will likely take up to 6 month to get the final approval for our trademark. However, our "plans" will be announce sooner than that and from there you will have a clear picture of how things will be done.

To add to this, if we go against our word we will have the whole community against us. It would be irresponsible on every level for us to enforce royalties or other terms on the ™ later on, which is why we're taking steps to make sure this isn't possible even in the event Mt.Gox is sold.

You people announced your intentions 3 months ago on the French section of this board. 3 months ago! And again 3 days ago. Why announce that which you all won't deliver? Haven't you all engaged in deceptive business practices extending into the USA and EU? Your press release looks like a diversion. Draw attention to one country, France, while you secure marks in all the rest. The " trust me " mantra is a nice touch. Bernie Madoff said that as well. How did that work out for his clients?
hero member
Activity: 868
Merit: 1008
Actually, I think the best outcome would be if mtgox applied for and was rejected the trademark.  That would establish a clear ruling in the court systems that bitcoin cannot be trademarked and is free for anyone to use.  I would hope that mtgox would recognize that this is the best possible outcome and would be supportive of efforts to oppose the trademark.
vip
Activity: 308
Merit: 250
With all due respect, I think I speak accurately for the community when I say I don't think we want to wait months to find out what your plans are.

Hi Casascius,

Unfortunately things are not "that" easy when it comes to trademarking (apply and/or oppose), time is a virtue here. For example it will likely take up to 6 month to get the final approval for our trademark. However, our "plans" will be announce sooner than that and from there you will have a clear picture of how things will be done.

To add to this, if we go against our word we will have the whole community against us. It would be irresponsible on every level for us to enforce royalties or other terms on the ™ later on, which is why we're taking steps to make sure this isn't possible even in the event Mt.Gox is sold.
vip
Activity: 1386
Merit: 1140
The Casascius 1oz 10BTC Silver Round (w/ Gold B)
Dear all

Thank you very much for your support in this matter and we are glad to see that most of you trust that we are here doing this first and foremost for the community!

That said, there are of course concerns about the integrity and enforceability of our promise to you to make the trademark free and open, and we understand your hesitance to believe in our good intent at this time. While unfortunately we cannot disclose how the actual process of making the trademark open will work at this point, you will within a few months see how any Bitcoin related trademarks we acquire will be protected and available for all without limitation.

We are really looking forward to this new adventure and we are sure that you will all enjoy it, freely!

With all due respect, I think I speak accurately for the community when I say I don't think we want to wait months to find out what your plans are.  The name Bitcoin isn't your property, and you have no more right to monopolize it than does Mr. Pascazi.

The urgency is that if we are to stand idle and allow your trademark applications to succeed without exercising our legal rights to oppose them, merely on the grounds we think you'll do the right thing, then we're legally tying our own hands and turning a blind eye to the possibility that you, or perhaps more likely, your eventual successors, might pull something like a Pascazi.

I think it would be appropriate if, for example, you requested donations toward the cause, because clearly it isn't free.  And taking your word at face value, I applaud what you're doing.  But your word as a forum posting means nothing to a court, and that's unfortunately where it counts.  Providing anything less than a legally sound licensing agreement to benefit the public - one that explicitly grants an irrevocable right to use the term to mean Bitcoin as we now know it - is to play us the same way Pascazi's playing.  At the very least, you guys need to be PGP-signing these claims that your intent is to open these marks to all, and I mean that as a very low least.  I think it's very reasonable that your intent to license these marks freely to us as a community be provable by any interested party, and thus far it is not.

hero member
Activity: 504
Merit: 500
Dear all

We are really looking forward to this new adventure and we are sure that you will all enjoy it, freely!

  Not as much as I would enjoy K.K. Tibane having my babies! ;p
 
vip
Activity: 308
Merit: 250
Dear all

Thank you very much for your support in this matter and we are glad to see that most of you trust that we are here doing this first and foremost for the community!

That said, there are of course concerns about the integrity and enforceability of our promise to you to make the trademark free and open, and we understand your hesitance to believe in our good intent at this time. While unfortunately we cannot disclose how the actual process of making the trademark open will work at this point, you will within a few months see how any Bitcoin related trademarks we acquire will be protected and available for all without limitation.

We are really looking forward to this new adventure and we are sure that you will all enjoy it, freely!
hero member
Activity: 868
Merit: 1000
According to Adam's post on reddit their lawyers haven't advised them about defending trademarks.

Quote
[–]gvsteve 5 points 21 hours ago
My understanding of trademark law is that you can't trademark something and then allow anyone to use it. You are required to defend your trademark or you lose it. But maybe that's just in the US. Does anyone know the legal details of this?
permalink
[–]MtGox_Adam 4 points 18 hours ago
If this is true, it's the first we (and our lawyers) have heard of it.

http://www.reddit.com/r/Bitcoin/comments/lbthr/mtgox_the_pascazi_retaliation/
legendary
Activity: 1862
Merit: 1114
WalletScrutiny.com
if gox does this, they will lose more through reputation losses than they can win from the other platforms. *don't* boycott gox! they are the good guys (for now)
newbie
Activity: 24
Merit: 0
License should be valid on successors and assigns.
Here is link to press release. https://mtgox.com/press_release_20111014.html

Thanx for the link.
I'm no native speaker and I don't understand what exactly "License should be valid on successors and assigns." means but I read it as "successors of today's MtGox owners may use the IP titles however they please." Anyway I would feel best if the IP stuff would be handed over to some non profit organisation. If Gox runs bankrupt they can't decide about their IP anymore so better give it to some other entity before.

And please, I'm not ranting about how you handle stuff. I'm happy you stepped up for bitcoin and have full trust in MtGox' best intents. In the end I guess even having to switch to TibCoin or any other name would not really harm the project. Screw those IP fraudsters.

Successors & assigns means whoever comes after MtGox or whoever MtGox xfers the mark to in the future.
Good thought on Bankruptcy. That too can be addressed by their smart lawyers.

Ever think that perhaps MtGox points you to one mark by a third party while they round up the rest? Diversion perhaps? Remember Pearl Harbor. Japan talking peace with USA while the fleet steaming toward Pearl. Why should MtGox hold all the marks? What happens if MtGox sends cease and desist letters to the other exchanges or sues to shut them down? What will commission rate be then?

I say boycott MtGox until they hand out free and open trademark licenses to all comers.
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