[109291] in Cypherpunks
Re: Interesting website
daemon@ATHENA.MIT.EDU (Tim May)
Wed Mar 17 00:16:20 1999
In-Reply-To: <v04020a05b31485f563c9@[139.167.130.246]>
Date: Tue, 16 Mar 1999 15:13:28 -0800
To: cypherpunks@cyberpass.net
From: Tim May <tcmay@got.net>
Reply-To: Tim May <tcmay@got.net>
(All addresses except Cypherpunks removed...I really wish people would stop
cross-posting to half a dozen mailing lists, many of which give "no
permission to post" bounce messages when they are cc:ed.)
At 2:10 PM -0800 3/16/99, Robert Hettinga wrote:
>Just in case you thought that "Financial Cryptography" was trademarked. :-).
>
>I deliberately *didn't* trademark "financial cryptography" when I started
>to use it, or when I started the FCXX conference, two years later. My
>understanding is that, as a result, nobody can trademark it now.
"Financial cryptography" describes a field, a discipline, an area of
interest. It is not a "brand name." ("Financial Cryptography Conference"
probably meets the standard, as the idea of a trademark or service mark is
to distinguish a product from other products. Coca-Cola vs. Pepsi-Cola.
Macintosh vs. Amiga. But NOT "algebraic topology" vs. "aptical foddering."
Here's what the U.S. Patent and Trademark Office has to say about a few of
these issues:
(http://www.uspto.gov/web/offices/tac/tmfaq.htm )
"
What is a trademark?
A trademark includes any word, name, symbol, or device, or any combination,
used, or intended to be used, in commerce to identify and distinguish the
goods of
one manufacturer or seller from goods manufactured or sold by others, and
to indicate the source of the goods. In short, a trademark is a brand name.
"
As to the issue of "first use" determining who gets a trademark, or who can
block others from getting it, here's what the PTO has to say:
"
There are two related but distinct types of rights in a mark: the right to
register and the right to use. Generally, the first party who either uses a
mark in commerce
or files an application in the PTO has the ultimate right to register that
mark. The PTO's authority is limited to determining the right to register.
The right to use a
mark can be more complicated to determine. This is particularly true when
two parties have begun use of the same or similar marks without knowledge
of one
another and neither has a federal registration. Only a court can render a
decision about the right to use, such as issuing an injunction or awarding
damages for
infringement. It should be noted that a federal registration can provide
significant advantages to a party involved in a court proceeding. The PTO
cannot provide
advice concerning rights in a mark. Only a private attorney can provide
such advice.
"
Not being a lawyer, my strong hunch would be that _no one_ will be able to
get a trademark on such a general thing as "financial cryptography."
Imagine having to deal with lawyers in order to use the phrase "public key
cryptography" in a commercial context. There's no real difference.
--Tim May
Y2K: Hope for the best, prepare for the worst, enjoy the ride.
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May | Crypto Anarchy: encryption, digital money,
ComSec 3DES: 831-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA | knowledge, reputations, information markets,
Licensed Ontologist | black markets, collapse of governments.
