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.
The Slashdot report claims that it's the lawyer, Michael S. Pascazi, filing for the trademark, but it's at least a little more complicated. It looks like Pascazi is acting as counsel for Magellan Capital Advisors. However, it does appear that Pascazi may have some further direct connection to Magellan, as the example of "first use" in commerce sent with the trademark filing is a letter from Magellan to some guy (Michel Mouchon) offering to sell "Bitcoin"... and the letter is signed by Celine M. Pascazi, which the Slashdot report says is Michael's wife. Furthermore, Pascazi's law firm has put up a pdf file touting the benefits of Bitcoin, and noting that Bitcoin is pending trademark to Magellan. On top of that, the pdf lists Celine Mouchon Pascazi as working for the Pascazi Law Offices.

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?

Filed Under: bitcoin, celine pascazi, michael pascazi, trademark
Companies: magellan capital advisors, pascazi law

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  1. identicon
    Michael S. Pascazi, 8 Jul 2011 @ 8:12am

    Re: Re: Bitcoin Trademark in Civil Law Countries

    Thanks for the generality concerning the law of about 100+ different countries. They must all be the same right? Why, because you say so? They all must have a one year look back period right? Put down the clicker, get off the couch, and actually consult with a lawyer in the various countries that you lump together like so much coal. You will be amazed at how different they all are. But I have no real belief that you will actually ever do that. It is much easier to make stuff up, and call it the law. Did you know that in Japan it is not enough to identify your mark classification solely by the Nice number and descriptive terms? Did you know that they want more of a description than let's say France does? Did you know that Japan has a two step payment process, unlike lets say South Africa? I suspect not. Did you ever consider that perhaps there are other crypto-currency algorithms out there, or under development, that differ from the one you are most familiar with in your "community". Did you know that it is not fraudulent for the owner of such an algorithm to attempt to secure the mark Bitcoin for himself/herself, as relates his/her algorithm, in light of the fact that nobody else has ever registered the mark Bitcoin, as far as I can see? And, who exactly in, let's say Italy, is going to stand up before a tribunal and prove that when you hear Bitcoin you think of them, such that the mark is a truly notorious one, even though they (I suspect there will never be a they) never filed for a mark in Italy? And who exactly is going to pay for this opposition? You? Are you aware that facts actually matter, and that you have no clue as to what facts are germane to myself and/or my clients. Food for thought. If you care to think.

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