Bitcoin Trademark Troll Now Sending Bogus DMCA Takedowns 120
An anonymous reader writes "A couple weeks ago, Slashdot wrote about a lawyer named Michael Pascazi, who was trying to trademark Bitcoin. Techdirt picked up on the story, including Pascazi's evidence of the trademark. Pascazi has now sent Techdirt a bogus DMCA takedown request over the post, claiming that the header and footer in his stationery, which appears via an embed on the story, violates his copyright. He appears to be claiming that simply posting any version of his stationery is a copyright violation. It's not clear if the content in question is even copyrightable, and if it is, how Techdirt's use isn't fair use."
Re:LulzSec, Attack! (Score:4, Funny)
I'm Michael Pascazi, and I'm SUING YOU because you won't acknowledge the DMCA take-down I sent you, after your continued violations regarding my PATENTED INSANITY HELMET!
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I imagined that as being said by Billy Mays
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Or... B.A. Barakus.
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Why would Lulzsec or Anon want to do anything about this?
The bitcoiners are getting an IRL trolling from this guy. I would have thought the Anon reaction would be to reach for the popcorn...
Gives lawyers everywhere a bad name. (Score:3, Insightful)
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Today, in news, Michael Pascazi was launched into the sun by a unanimous vote of the worlds population, on charges of being a complete douche.
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Today, in news, Michael Pascazi was launched into the sun by a unanimous vote of the worlds population, on charges of being a complete douche.
If we make a habit of this, we probably have enough complete douches here to keep the sun going for a few million extra years. Not to mention what this would do for our population issues...
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Well, there goes everybody in the Senate and Congress. And the President. And all the governors and state representatives.
Now, who's up for running for office?
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Today, in news, Michael Pascazi was launched into the sun by a unanimous vote of the worlds population, on charges of being a complete douche.
If we make a habit of this, we probably have enough complete douches here to keep the sun going for a few million extra years. Not to mention what this would do for our population issues...
Assuming the average douche weights 80 KG and is consistent with the human body (10% hydrogen) that's 8 KG of hydrogen per douche, how long until we place enough fuel in the sun before the ratio of hydrogen to helium causes the sun well...
to explode (or at least eject some douche matter)?
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Techdirt knows how to deal with the guy. The only thing that they would be worried about is maintaining their safe harbor status, thus they'll react, probably not in the manner this obvious troll expects. I am sure they have been waiting on challenge like this. Mike Masnick isn't even surprised I'd expect.
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Isn't "giving lawyers a bad name" akin to saying "Lord Voldemort is kind of a douche?"
I kind of like Voldemort. I guess it's because he hangs around with Bellatrix Le'Strange. Now she is absolutely everything I want in a woman.
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He should be summarily executed as an example and to prevent such foolishness in the future. We don't need him polluting our gene pool.
Agreed. But as to giving lawyers a bad name, no he doesn't. Lawyers already have a more than bad name. IANAL, thank god!
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He should be summarily executed as an example and to prevent such foolishness in the future. We don't need him polluting our gene pool.
Says the insane internet vigilante/tough guy.
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Fraud (Score:3)
Re:Fraud (Score:5, Insightful)
Worse than simple fraud, it is wilful abuse of the DMCA provisions for takedown notices. This is no simple businessman who might not understand the technical details of the DMCA -- this is a person whose profession is the practice of law -- someone who should know better and is expected to know better. I'd like to read the next story about him being disbarred.
Re:Fraud (Score:5, Interesting)
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I'm adding this to my to-do list for this week.
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You have no idea....
A great service (Score:1)
This lawyer could be doing all geeks a great service.
If handled correctly this could end up in a review of the DMCA rules, possibly (but I am not that naive) a change of the law to make it more compliant with the real world.
And the same with the copyright... And possibly the patent system... After the ruling that you can't copyright something that someone else have made and the sue them, perhaps the same will go for patents, you can no longer patent someone else's inventions and sue them over it?
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Yes. So please show me how your great judicial system works fairly now. Show me how this person will be punished. Oh, he will not? Really?
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That's why editors should actually know the language. You can't rely on technology to fix your piece of crap for you.
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As the article said... (Score:1)
I wonder... (Score:1)
Meta Voting on Humanity (Score:2)
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As someone how used to race to see how fast we could get new account to +50, and then aack down to zero I suspect your ideas would be subject of abuse.
Deal with this the slashdot way... (Score:1)
Time for Slashdot to deal with this ourselves.
Someone get and post his address, then everyone send him all the junkmail you can.
If it works for spammers, trolls should enjoy it too.
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Pascazi Law Offices PLLC
1065 Main Street, Ste. D, Fishkill, New York 12524 U.S.A.
Ph: +1 845.897.4219 / Fax: +1 845.468.7117* E-mail:Info@pascazilaw.com*
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Fuck you.
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Heavens to Murgatroid, that picture [pascazilaw.com].
HAHAHA! He's not even using the Trademark right! (Score:4, Insightful)
A trademark, according to US law, has to be an adjective. Hence "Band-Aid brand bandages". He's using it purely as a noun "Bitcoins are..." His trademark can be easily struck down on that basis alone. Ironically, using a trademark as a noun is exactly the thing that depreciates the trademark as a protectable entity. (Again: See Band-Aid. They fought and fought to make sure that people not just call all bandages "band-aids", because using their trademark as a noun instead of an adjective is what dilutes it.)
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Parent is a moron. Windows is a registered trademark and is not an adjective.
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Yes, and that is taken from rules of the International Trademark Assocation [upenn.edu] not US law.
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From this page [microsoft.com]:
"Microsoft trademarks should never be used in the possessive or plural form. They should be used as a proper adjective followed by an appropriate descriptor."
Does that mean it is doubly illegal to say "I installed both my copies of Windows"?
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No. Nowhere is it said to be illegal by Microsoft or anyone else. Microsoft's statement comes from rules of the International Trademark Association for the prevention of your trademark from being diluted.
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Windows Operating System.
Nope [uspto.gov]. Sorry boyo:
Word Mark MICROSOFT WINDOWS
It is not a mark for "Windows Operating System" as you falsely claim.
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Wrong [uspto.gov]:
Word Mark MICROSOFT WINDOWS
Didn't even bother to do the couple of minutes of research instead of making false claims?
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A "Word Mark" covers the exact graphical presentation of the words. So, for example, "Coca Cola" is a word mark covering the words "Coca Cola" in the script font the Coca Cola corporation uses. Likewise "Ford" written in the script font is a word mark of the Ford Motor Company.
For example, the Ford Motor Company owns the text trademark on "Ford" as it relates to automobiles. However, it has been allowed for non-automotive companies to use the name "Ford". These other companies CANNOT, however, use the s
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Bitcoin digital currency alternative. :-P
(P.S., *ANYONE* can use to "claim" a trademark. It's just easier to defend when you file it with the USPTO. Once they have accepted it, you can use ®.)
So sue them. (Score:5, Informative)
1.Sue them, for filing a false DMCA claim.
2.Collect damages - monetary losses and legal expenses.
http://www.aaronkellylaw.com/Internet-Law-and-Intellectual-Property-Articles/Consequences-of-filing-a-false-DMCA-Takedown-Request.shtml [aaronkellylaw.com]
Stop whining, and put your money where your mouth is, people.
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1.Sue them, for filing a false DMCA claim.
2.Collect damages - monetary losses and legal expenses.
...
Stop whining, and put your money where your mouth is, people.
That would work great for Techdirt, the recipient of the takedown notice, but people can't just go around filing lawsuits when someone does something they don't like. You need to have standing to sue. You need to have been harmed by someone before you "put your money where your mouth is."
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And now back in reality when I sue you, you're not going to be defending yourself against me. You'll be defending yourself against lawyers. Because ... you know these things called lawyers ... they actually provide a service to people who need to do just this kind of stuff.
Re:Is it a false claim? (Score:2)
1.Sue them, for filing a false DMCA claim.
Is it a false claim if he has a current trademark application?
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Something tells me the lawyers involved cost more.
Trademark is marked 'DEAD' at USPTO now (Score:3)
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Pascazi abandoned his attempt to trademark Bitcoin in the US because the US is a "first-to-use" country, the first person to use the term in commerce gets the mark. He's continuing his efforts in "first-to-file" countries where the first entity to file for the mark gets it.
Yes, trademark is dead, as of July 7, 2011 (Score:2)
The applicant explicitly abandoned the trademark "BITCOIN". They formally abandoned it on July 7 via the USPTO's online system, and immediately followed up with express mail. [uspto.gov] This is quite unusual. They'd only filed the application on June 30, and the USPTO hadn't even replied yet.
It's dead.
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The applicant explicitly abandoned the trademark "BITCOIN". They formally abandoned it on July 7 via the USPTO's online system, and immediately followed up with express mail. [uspto.gov] This is quite unusual. They'd only filed the application on June 30, and the USPTO hadn't even replied yet.
It's dead.
Lovely currency you have there. Shame if something should happen to it.
Disbar (Score:4, Interesting)
All involved lawyers should be disbarred. Not only for the initial, in-bad-faith filing, but also for abusing the legal system with in-bad-faith DMCA letters.
"The Talking Asshole" personified. (Score:2)
Where to start.... *looks* Ah fuckit. I can't even begin pointing out what's wrong with this without getting into a dissertation on trademark and copyright law. This guy that sent the letters is obviously a "talking asshole" or what is called (in technical terms) a "cartooney." You find them everywhere on the 'net and if you go through life never being impotently threatened by idiots like this, you aren't trying hard enough. (You get extra points if you get cartooneyed by a "lawyer" in Italy defending
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I didn't invent the term.
It was William S. Burroughs that did.
The Man Who Taught His Asshole to Talk
(aka âoeThe Talking Asshole Routineâ from Naked Lunch)
William S. Burroughs
Did I ever tell you about the man who taught his asshole to talk? His whole abdomen would move up and down, you dig, farting out the words. It was unlike anything I ever heard.
This ass talk had sort of a gut frequency. It hit you right down there like you gotta go. You know when the old colon gives you the elbow and it feels s
will this count as strike? and you will pay $35 (Score:2)
will this count as strike? under the new ISP copyright plan and you will you have to pay $35 to clear your name from the this BS?
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Actually, it's a copyright abuse story. The bitcoin part is just incidental.
Shakespeare almost had it right. (Score:2)
/. needs a "Number of days since last BTC story" (Score:3)
Slashdot needs a "Number of days since last BitCoin Story" thing on the homepage, kind of like those "Number of Days Since Last Accident" signs at some factories.
I can't imagine we'd need more than three bits (unsigned) to express that value.
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It was interesting for a little while... (Score:2)
BTC's are indeed interesting in a geeky way. And indeed I participated most vigorously in several stories about it. (Personally, I reject it for a lot of reasons that mostly have to do with the complete economic ineptitude of the creation curve.)
But they are not so interesting that we need twice a week stories about it that have absolutely nothing to do with its geeky aspects.
Is this the guy? (Score:2)
Bitcoin has a topic icon on frontpage already? (Score:1)
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It took years to get Slashdot to add an Ubuntu logo so that stories didn't have to use the Debian one. Why does bitcoin get fast-tracked?
Maybe the icon designer was bribed... with bitcoins.
...wait... (Score:2)
Why doesn't anyone report him to ACLU to have him disbarred for fraudulent litigation?
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Fool (Score:2)