so basically the guys who created bitcoin dropped the ball in respect to trademarking the name.
so how did bittorrent and other opensource programmers do this?
maybe we can just avoid all this nonsense - change the name - and do it right this time.
They didn't really drop the ball there as they have the software covered as much as it needs to be. It is the concept that is not protected.
The concern here is not protecting the software. Anyone can modify under the same license and do what the hell they want with it. They however would have a hard time calling it Bitcoin. What could be potentially at issue is the use of the currency and the term itself when referencing such currency and not the software.
Its a concept attack if you will, which if one can convince a judge they were first to implement such concept could cause all kinds of troublesome things to happen to the front ends of commerce that need to operate in an area that is accessable by US regulation.
we're talking about the name. not the concept. that's what the trademark is. anyone can use the software and do the same damn thing bitcoin does. taking the name seems to be the threat here.
You're right is is the name that is trademarked with its intended use attached to it. (From the application);Financial services, namely, providing a virtual currency for use by members of an on-line community via a global computer network.
While, one would like to think it would never go through, it would not be wise IMHO to underestimate the potential ignorance of a Trademark Judge to allow it to sneak into approval status.
We have 2 options,
1. Ignore it and assume that it is useless for some individual to hold a trademark on Bitcoin.....
Or, the more prudent option requiring very little effort on anyones part.
2. File a Letter of Protest #10 here
http://www.uspto.gov/trademarks/teas/petition_forms.jsp with * serial 85353491
which cost nothing but time and point out where Bitcoin is not subject to being trademarked by this or any other individual and attempt to stop it from even getting into the approval process.