trademark Ethereum trademark leads to cryptocurrency domain loss via UDRP

[Templr]

If you’re investing in crypto-domains, think again when registering “Ethereum” keywords: it’s a trademark.

In other words, any use of this trademarked term in domains would be considered a potential UDRP, as in the case of the domain ProjectEthereum.com.

The domain’s registrant is operating a pyramid scheme, according to the UDRP, taking advantage of the cryptocurrency’s popularity and fame.

https://domaingang.com/domain-law/ethereum-trademark-leads-to-cryptocurrency-domain-loss-via-udrp/

 

[consumers]

Ethereum is NOT a crypto currency like Bitcoin. They are 2 entirely different things. Etherium is fuel to conduct transactions on the Etherium platform and is closer to Ripple than Bitcoin. The purpose of Etherium and Ripple is to fund the developers. In a traditional system like Paypal they take fees from each transaction and that subjects companies like paypal to all sorts of regulations that vary from country to country and even state to state within the US. For things like Ripple and Etherium the model is to create a taken that is needed to complet transactions on thier platform. when you performa transaction on Ripple then you have to use up some Ripples to complete the transaxction. it is said Ripples are “destryed.” Because these tokens are really a type of investment offering they are regulated and the people who make Ripple paid a $750K fine to the SEC for seals they made with Roger Ver (aka, Bitcoin Jesus).

For Etherium there is the added issue that the system uses “turing complete” scripts for their transactions. this means programming loops. to avoid infinite loops you use up some tokens each time you pass through the loop so you would evetually run out of tokens and the program would stop.

Bitcoin is totally different, it is decentralized and the original developer is anonymous. While there were some trademarks in the early days I am not sure any trademark for Bitcoin involing its use as a cryptocurrency could be an enforceable trademark. I obtained the first trademark on the pricipal register in the US that contained Bitcoin with my “MILLY BITCOIN” registration. I actually used that to challange a bogus BITCOIN trademark registration and the guy just defaulted.

 

[Nikul Sanghvi]

https://www.thedomains.com/2017/10/05/will-stiftung-ethereum-make-play-ethereum-com/
Plus comments.

Ouch. I think that leaves Ethereum.com dead in the water - the risk of post-sale UDRP is incredibly high. The owner will have received some pretty hefty offers over the last couple of years - must be kicking themselves now for not making hay whilst the sun was shining.

 

[Silentptnr]

I had a feeling so I have avoided registering names containing "ethereum". I wonder if this will make my "ithereum.com" more valuable? LOL

 

[Hemanttilotia]

In one stroke, these guys have made half of the crypto names here worthless

 

[BML]

Well, at least Eth and Ether are safe.

 

[Templr]

don't listen to domaingang news

Don't trust Trademarkia. Live search uspto.gov here http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4809:jk8uxn.1.1

 

[nicholas]

At this point, it remains to be seen what Stiftung intends for the future, because although this case is a UDRP, it also appears that the motivation behind it is to take out a bad actor that was operating a pyramid scheme, taking advantage of Ethereum's name, popularity and fame to defraud innocent people of their money.

 

[consumers]

If you invest in Bitcoin you are investing in a system that provides trustless transfers of value.

If you invest in Ethereum you are investing in a system that allows expanded programming capabilities that can use any kind of cryptocurrency

If you invest in Ripple you are investing in a system that allows people to exchange dissimilar items easily.

If you are investing short term this may not matter because many people buying this stuff don't really know what it is or what they are buying.

 

[WhoaDomain.com]

I had a feeling so I have avoided registering names containing "ethereum". I wonder if this will make my "ithereum" more valuable? LOL

lol sucks for my Wo*rld*Ethe*reum in king

just redirect all Ethereum domains to ....

http://he-man.wikia.com/wiki/Etheria

lol

 

[J.R.]

Ethereum.com was registered 2 years before ETHEREUM was first used; three years before it was used in commerce, per the Swiss foundation's tm application.

That being said, a new owner of the domain would better stay clear of any use that'd infringe on the mark: nothing related to crypto, potentially software, banking services etc.

In other words, the biggest potential buyer of the domain is the Ethereum foundation. Would they pay $10 MM? I doubt it.

You summed it up nicely. Why would Ethereum pay $10M, if they know other potential buyers would be looking to use it for banking services, crypto, etc. hence they could UDRP them immediately. The domain holder should build something on the site, not related to existing trademarks and possibly Ethereum would come along and buy it for a substantial sum.

It will be interesting to see what happens with Ethereum.com as the crypto-currency market heats up over the next 1-3 years.

 

[Acroplex]

Germans have lots of humor, after a few beers you understand it better.

Drink more beer, Frankie.

 

[Templr]

Nope.

 

[Constantin S]

Then someone should hurry and trademark Bitcoin.

 

[Templr]

Wonder if they'll go after Ethereum.com next?

https://www.thedomains.com/2017/10/05/will-stiftung-ethereum-make-play-ethereum-com/
Plus comments.

 

[F.E.]

Yeah, but unfortunately he's made a wrong move. Even though he clearly posts:

"Ethereum.com was registered on March 11, 2011. It has no relation to the blockchain technology, which later adopted the same name."

he made a mistake while creating a post: http://evergreen.com/cryptocurrency-domain-names-are-hot-property/

This domain is already in risk for UDRP case.

 

[karmaco]

Seems like Stiftung made the first in use trademark going by dates.

 

[Silentptnr]

Here's a link to the actual case:
http://www.udrpsearch.com/naf/1746664

The respondent never even replied.

 

[Keith]

I’m not sure why anyone would register this type of domain anyways. It’s clearly an attempt to profit off of someone else’s brand, product, or idea.

 

[WhoaDomain.com]

I’m not sure why anyone would register this type of domain anyways. It’s clearly an attempt to profit off of someone else’s brand, product, or idea.

I think many just got excited and thought that ethereum was "like" bitcoin that since bitcoin is technically "open source" that ethereum was the "same".

live and learn.

 

[consumers]

Many people don't understand the difference between things like Bitcoin and Litecoin and things like Etherium and Ripple. However, it is different from Equifax in that Etherium and Ripple have decentralized aspects to them and it is expected that companies will offer services on the platform they created. Equifax, like paypal, is a completely closed platform where these crypto systems are not. What this all means in terms of trademarks I don't know but it is somewhat of new issue due to the decentralized aspects.

 

[lock]

People are registering trademark infringements non stop.
Everyone is trying to encryptmoney. So I bought it.

 

[WhoaDomain.com]

Seems like Stiftung made the first in use trademark going by dates.

Sorry karmaco I'm slow. What do you mean "going by dates"?

 

[J.R.]

Ouch. I think that leaves Ethereum.com dead in the water - the risk of post-sale UDRP is incredibly high. The owner will have received some pretty hefty offers over the last couple of years - must be kicking themselves now for not making hay whilst the sun was shining.

Or some fool unaware of the UDRP threat will come through and buy Ethereum.com and end up like the poor sap that spent $75K on WashingtonJournal.com only to be UDRP'd by CSPAN less than 60 days later. Yikes!

https://domainnamewire.com/2017/09/21/make-sure-contact-info-updated-sell-domain/

 

[Acroplex]

Or some fool unaware of the UDRP threat will come through and buy Ethereum.com and end up like the poor sap that spent $75K on WashingtonJournal.com only to be UDRP'd by CSPAN less than 60 days later. Yikes!

https://domainnamewire.com/2017/09/21/make-sure-contact-info-updated-sell-domain/

Ethereum.com was registered 2 years before ETHEREUM was first used; three years before it was used in commerce, per the Swiss foundation's tm application.

That being said, a new owner of the domain would better stay clear of any use that'd infringe on the mark: nothing related to crypto, potentially software, banking services etc.

In other words, the biggest potential buyer of the domain is the Ethereum foundation. Would they pay $10 MM? I doubt it.