status-done BITCOIN TERMS TRADEMARKS INFRINGEMENT

[domainspr]

As per your rules and standard.

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NamePros has a strict enforcement policy against Trademarked domains.

6.1.15. Do not infringe on globally-recognized trademarks by listing items for sale that violate the trademark holder's rights. Selling intellectual property or benefiting from the intellectual property of another party's without their permission is strictly prohibited.
This includes typographical errors of globally-recognized trademarks ("typos").
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The enforcement has been somewhat flexible in regards to cryptocurrency terms as many are not aware that some combinations and/or words have been trademarked if not by their original inventors by the community in order to prevent misunderstanding that may lead to fraud, scams, etc.

I have personally seen posts as the ones shown below violate trademark holder's right:

https://www.namepros.com/threads/bitcoincash-deals.1033571/

https://www.namepros.com/threads/bitcoincash-com-de.1066167/

https://www.namepros.com/threads/crypto-domain-names-for-sale-bitcoincash-cloud.1052800/

In this occasion the trademark is simply: BITCOIN CASH

I understand that it requires epic effort to identify the vast array of trademarks although some are easier to identify than others it does take some time to research(re-search).

Hope this helps enlighten the community in regards to this topic.

Receive a Super Slow High Five from me!

 

[Eric Lyon]

Hello,

We do enforce blatant trademarks of companies recognized internationally (E.g., Google, iPhone, PlayStation, etc.). However, it's not feasible, practical, or sensible to enforce all trademarks that exist anywhere in the world, because NamePros has members from all over the world. What might be a trademark in one country may not be in another. Additionally, there are different aspects of trademarks that allow different companies that target different niche markets to have the same name but different design element/symbol that qualify for an independent mark using the same name.

A quick peek at USPTO.gov and their TESS search reveals what I mentioned above. Multiple companies with the same names in different industries that qualified for a unique trademark filing federally.

With the above said, BTC (and BCH) are types of currency and it would be similar to trying to enforce USD, INR, and thousands of other currencies and their abbreviations.

Another thing to consider is that Bitcoin (And Bitcoin Cash) may be recognizable/popular in the domaining/tech industries and also be used globally, but it's not necessarily a globally-recognized TM. For that to qualify, that means people across the globe must know the TM by name without having to look it up.

However, just because a TM isn't globally-recognizable doesn't mean that it's acceptable for anyone to use a TM inappropriately or without permission in those countries/markets, so always do your due diligence and decide for yourself before you do business, even regarding small TM's that only 10 people in the whole world know about, and seek advice from a professional.

I hope that help,