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Owner of CryptoSecurities.exchange goes after CryptoSecurities.com

CryptoSecurities.com was registered in 2013 and the plaintiff’s business was just created this year.

A law firm that created a business on the domain name CryptoSecurities.exchange has filed a lawsuit (pdf) against the owner of the CryptoSecurities.com domain name.

In the suit, plaintiff Castro & Co claims to have “a federal trademark registration, no. 87756075, for the mark CRYPTOSECURITIES”. It also says “Plaintiff has engaged in extensive marketing activities in connection with its mark CRYPTOSECURITIES, and has expended significant resources to develop its goodwill in and consumer identification with the mark.”

There are a few things that might give you pause.

First, the “federal trademark registration” is an application and it was only filed on January 16, 2018. It was also filed on an intent-to-use basis.

It appears that the plaintiff has now started the business on Cryptosecurities.exchange, a domain name that was just registered on February 20 of this year.

Yet Cryptosecurities.com was registered way back in 2013. It’s been under the same Whois privacy service since at least 2014.

The cryptosecurities.exchange website even has a handy timeline explaining that the idea for the business was created on January 2, 2018:

“The Genesis of CSX. Dr. Castro texts Mo Iqbal at 11:41pm stating “You can basically create a stock exchange that’s blockchain-based.”

cryptosecurities.exchange

I’m intrigued how the plaintiffs are going to argue that the domain was registered in bad faith to target its trademark given that the domain was registered so many years before its business was created.

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  1. Mike

    Interesting to see that the complainant has only FILED 2 trademark applications ,one in January 2018 and one in February 2018, not registered at all as yet,and who knows may never be.
    It is a Game this Domain Versus Trademark “thing”.

  2. Ramiro Canales

    I have read the lawsuit. I practice in federal courts in Texas and the owners of the domain name need to file a 12(b)(6) motion to dismiss for failure to state a claim before filing an answer.

  3. Rob Monster - Epik.com

    This plaintiff is an idiot.

    Anonmyize.com is owned by Epik Holdings Inc. It is our free WHOIS privacy proxy used by many people.

    The plaintiff has effectively named a “John Doe” in his suit because he has zero clue on the actual identity of the registrant.

    And then to top it off, he violated CAN-SPAM on a massive scale in a flailing attempt to identify someone to serve with his pathetic lawsuit.

    Incidentally, the price for this domain is $400,000. The complainant is apparently trying to get the upper hand for extracting a price he can afford.

    The actual registrant is lawyering up. Counter-claims are mounting. I don’t mind playing the role of ombudsman but what a waste of time for everyone.

  4. Patrick Cowan

    I’ve been waiting for a company that decided to call it’s main product (not the company name) after a domain I registered in 2014. it’s a blockchain domain,they took out a trademark on the name and state first use as 2017.
    I have already received two enquiries back to back from California and India where they are based,mind you no links to the company other than the first was from an IT blockchain developer,I replied with a very fair price of ten thousand plus broker fee but have had no reply,I’m assuming they may want to take the udrp route.
    I find it funny that companies will spend that money on a couch and chairs for the office but not consider purchasing the dot Com domain before taking out a trademark,I might have sold it for half that in 2016.

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