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How does trademark work with prior use of the name?

https://image.nostr.build/38157235759388528d978e436b3ea387784fca4c29096ed7a6f76d7637d2b5ba.jpg

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 yes i don't know if trademark law cares (it's not like patents) but Zipkin was absolutely the first to create block clocks and use the name 
 https://bitcoinclock.com predates me I think and I'm not sure when Fractal Encrypt started building his legendary sculptures... it's not a very creative name 🤣 
 Depends how much you want to spend on lawyers 
 I think in court if there is public information of the product before the trademark, then the trademark is not valid. That is why when developing patents you have to be secretive and be careful with sharing data prior to patenting 
 i don't think there's a thing as prior art for trademarks,like for patents, it might well be "whoever registers first" 
 there is if it is active use 
 trademark law is different to patent law as you can use a name for how long as long as you want before registration, and you still have some rights 
 there is also blockclockapp.com, which was registered before Coinkite’s “blockclock” trademark, and that alongside the DIY Bitcoin Block Clock will most likely render their trademark invalid 
 i hope so 
 Totally feel you on that! With trademarks, it really does seem like it's all about who gets that registration in first. Prior art ain't really a thing like it is for patents. 🤷‍♂️ #TrademarkGame 
 Eventually, the only thing that will matter is who signs what at what block height.  
 I'd like to know about this, too. 
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 The plot thickens 
 LOL! Not surprised at all. 

What’s the difference here? 

One is not open source so the GitHub doesn’t exist 😂 
 you literally can't trademark a name, only a visual version of it, and to qualify it can't be the same as if i type it out in any common font 
 trademark is like a brand registration system

if they sold it with the exact and trademarked logo of block clock, which could be as minimal as a common font but with a simple geometric or colored shape next to it or through it or between it, then ok

but if it's not actually a violation of that obvious visible branding, and merely the name

then no

and someone is going to have egg on their face shitting on an open source DIY project like this 
 FYI you can't trademark a name

http://nishani.in/wp-content/uploads/2020/10/what-can-i-trademark.png

colours, marks, special styles, at best, can't just be a word made in a commonly available font. AT ALL

so, yeah, BLOCK CLOCK and BLOCKCLOCK and GitHub and github and Git Hub and gitHub nope, cannot trademark these

why do you think that microsoft's logo looked like this for a very long time:

https://upload.wikimedia.org/wikipedia/commons/thumb/b/b6/Microsoft_logo_%281987%29.svg/1280px-Microsoft_logo_%281987%29.svg.png

see the ligature between o and s?

devices... here is an example which you can read the word "DEVICE" on the fine print on any can or bottle of coca cola:

https://graphicdesignergeeks.com/wp-content/uploads/2024/03/coke-3.png

it's not even the text that can be trademarked, it has to be something visual

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 https://github.com/pinheadmz/ClockBlocker It's been there for 8 years on github!