Coinkite Inc. is the developer of the "BLOCKCLOCK," a product featuring seven electronic ink digits that provide customizable cryptocurrency and blockchain information, including cryptocurrency price, volumes, exchange rates, current coin supply, block height, and Merkle root. Coinkite Inc owns the trademark "BLOCKCLOCK" (Registration No. 7237159) in Class 9 in the United States.
The infringer BTCLOCK identifies its product as "BTCLOCK". It is defined as “a block with electronic ink displays, which can show stuff related to Bitcoin”. The use of "BTCLOCK" has strong similarities, both in name and functionality, with Coinkite’s registered trademark "BLOCKCLOCK", as follows:
1) Phonetic similarity: "BTCLOCK" and "BLOCKCLOCK" sound very similar. Both emphasize the term "CLOCK," with "BT" and "Block" being the only differences. The phonetic similarity can cause confusion, leading consumers to mistakenly believe the two products are related or come from the same business origin.
2) Visual similarity: The appearance of "BTCLOCK" and "BLOCKCLOCK" is also quite similar. "BT" and "Block" both consist of short prefixes followed by "Clock", which could easily cause confusion at first glance. In addition, the use of seven screens with electronic ink to display Bitcoin information gives the same impression in the users. The word BTCLOCK is displayed in the same exact position that it is in the BLOCKCLOCK.
3) Same functionality: Both products are aimed at a similar audience - people interested in cryptocurrency, specifically Bitcoin. Since both products appear to perform a similar function (displaying cryptocurrency prices), there is a high likelihood of confusion. Consumers might believe the two products are from the Coinkite, which is not accurate.
4) Risk of confusion: Since both devices seem to have similar functionality (displaying Bitcoin prices), this increases the chances that consumers could be confused about their origin. They may think "BTCLOCK" is a version or a rebranding of Coinkite's "BLOCKCLOCK." If "BTCLOCK" becomes associated with a different company or quality, it could dilute the distinctiveness of Coinkite's "BLOCKCLOCK".
The use of "BTCLOCK" in GitHub could be infringing Coinkite’s trademark rights.
What would be the best solution for the alleged infringement? Are there specific changes the user can make other than removal? (e.g., transfer of trademarked username to an existing company account, removal of trademarked logo or references to company)
(1) Cease and desist the use of the words BTCLOCK, BLOCKCLOCK or similar words in the following websites: https://github.com/btclock; https://btclock.github.io/web-flasher/
(2) Remove any pictures, documents, links with the words BTCLOCK, BLOCKCLOCK or similar words from the following websites: https://github.com/btclock; https://btclock.github.io/web-flasher/
(3) Suspend and/or terminate the infringer's account BTClock.
That thing is the biggest ripoff I've ever seen. They essentially did the physical version of forked it.
They had to invest resources in firmware and hardware development too. The great part is you can make this in any form factor by forking the design and add any functions you want
IP laws (inc Trademarks) need to be scrapped, and this is point in case.
First to market doesn't give you a right to exclude others who produce a similar or copied product. Market monoply is anti competition. That leads to higher prices, patent trolls, and more regulation. Open Markets is capitalism.
A property right means you own something to the excision of others. If you make a wheel and own it, your neighbor can do the same. Their creation doesn't infringe on your ownership and exclusive use of your wheel. And they own their wheel. A product by all reason and logic can't be a property right.
IP is another cronyism hack on the free market that makes everyone poorer.
I do not agree fully with throwing it fully out, but current IP regulation means that it is easy to abuse.
Trademarks provide protection against someone pretending to be affiliated with you or your products.
I hear you. Branding is an interesting edge case, when copycat brands try to steal part of another's goodwill. The question then is it on a Brand to establish its own authenticity and verifiability. Or ask the governments to police it, through market regulation, legals, and courts. The later is expensive in many hidden ways... most of all having to ask permission (register) to engage in the market.
Totally, people should just be able to steal all your design and hard work when you don't want them to.
Eh, Comrad?
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