Bitcoin Trademark Troll Now Sending Bogus DMCA Takedowns
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."
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.
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.
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!
"Flyin' in just a sweet place,
Never been known to fail..."
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*
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.)
Another non-functioning site was "uncertainty.microsoft.com."
The purpose of that site was not known.
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
Stop whining, and put your money where your mouth is, people.
Please help metamoderate.
You know what would be hilarious? If a legal fund to get him disbarred was set up and it took bitcoin donations. If it were to be successful he would be defeated by the very thing he sought to control.
I support the Slashcott and will not be reading or commenting from 2/10/14 to 2/17/14. Beta is steaming pile of dog shit
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.
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.