Tag: yahoo finance all market summit

#CryptoSmartEsq News, carefully curated #blockchainlaw content-Issue 9 (7/31/2018)

Posted on by TME in Intellectual Property

By Professor Tonya M. Evans

Welcome to this week’s CryptoSmartEsq News, my carefully curated list of current legal issues and events in blockchain and crypto. 

If you’re new to this exciting, fast-developing space, check out the introductory video in the first CryptoSmartEsq news post. Follow me on Twitter at @CryptoSmartEsq (my blockchain and crypto-focused feed) and @IPProfEvans (my intellectual property-focused feed) and #EvansontheBlock for daily legal bits & bytes. Affiliate links noted with $.

I took a month-long hiatus from CryptoSmartEsq™ News for personal and professional travel and commitments. And boy has a LOT happened in this time. I am reminded what actual breaking news is … it happens every few minutes or so, it seems, in the blockchain ecosystem.

In fact, I’ve changed my Top Story three times in as many days. I won’t attempt to capture every bit of law-related news that happened since the last issue. But I will hit the high notes so dive in to this week’s #CryptoSmartEsq news.

~ Tonya Evans @IPProfEvans & @CryptoSmartEsq

This week’s #CryptoSmartEsq News includes:

  • SEC’s comments on crypto ETFs
  • MasterCard wins patent
  • Thailand tests digital fiat
  • CFA exam to include cryptocurrency questions
  • Prof. Evans has 8 blockchain events now through the end of October

Leave a comment and tweet me your news items.

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Top Story

SEC Delays Decision on Asset Manager’s Bitcoin ETFs Until September

The U.S. Securities and Exchange Commission (SEC) has delayed making a decision on whether to approve five bitcoin-related exchange-traded funds (ETFs) until September, public documents reveal on Tuesday.

In the latest edition of the Federal Register, the SEC explains that it is postponing any decision over the possible approval of ETF proposals filed by Direxion Investments in January – one of which will match bitcoin’s price and four of which are based on the cryptocurrency’s price movements.

Intellectual Property

Mastercard won a U.S. patent on Tuesday for a method of speeding up cryptocurrency payments.

The document, published July 17 by the U.S. Patent and Trademark Office (USPTO), explains that though cryptocurrencies have “seen increased usage over traditional fiat currencies by consumers who value anonymity and security,” the wide disparity in payment processing times between the two classes of assets puts cryptocurrencies at a “disadvantage.” [Read more …]

Law Practice

The cryptocurrency and blockchain technology industry is already crowded with firms eager to nab high-tech startups as clients or help legacy clients navigate a brave new world. But some BigLaw firms have gone further. [Read more …]

Law & Government

Crypto entrepreneur Charlie Shrem has argued on Twitter yesterday that the SEC’s second rejection of the Winklevoss Bitcoin ETF it is in some sense “old news.” He stated that a pending decision over the Bitcoin ETF that has recently been filed by VanEck & SolidX for trading on the Chicago Board Options Exchange (CBOE) will be more pivotal for the industry — and would likely generate more price-impactful “ETF excitement.”

Emerging financial technologies are taking us into a new chapter of economic history,” Giancarlo told the House Agriculture Committee. At the same time, he said investors should beware of cryptocurrency coins or tokens sold with the claim that they can buy goods, services, or platform access in the future. [Read more …]

In a speech made at an event in Singapore on Wednesday, central bank governor Veerathai Santiprabhob indicated that developing a wholesale central bank digital currency is currently in the pipeline as part of the country’s wider efforts in trialing blockchain technology in various sectors. [Read more …]

Cases and Enforcement Actions

… the rise in class action lawsuits around ICOs coincides with a larger, “historic” incidence of class action securities lawsuits since 2016, with more than 750 federal securities class actions having been filed since halfway through that year. That’s the most prolific 24-month period since the Private Securities Litigation Reform Act of 1995 was enacted, according the the report. [Read more …]

Education

Cryptocurrencies and blockchain technologies are making serious headway in the financial industry, the most recent sign being the decision by the CFA Institute, which offers the Chartered Financial Analyst designation, a three-level program, to include cryptocurrencies and blockchain to its Level I and II curriculums next year, according to Bloomberg. The material for the 2019 exams will be available in August.

The topics are part of a new section called Fintech in Investment Management. The CFA, based in Charlottesville, Va., added these topics in response to rising interest based on focus groups and surveys. [Read more …]

Events

Professor Evans to speak at the following events:

August 9, 2018

August 10, 2018

August 24, 2018

September 21, 2018

  • Panelist, SMU Dedman School of Law Intellectual Property Symposium. The theme of this year’s symposium is Disruptive Ideas and Emerging Technology. Keynote speakers include Karyn Temple, Acting Register of Copyrights, and James Smith, Chief Intellectual Property Counsel, Ecolab (Dallas, TX)

September 25-26, 2018

October 4, 2018

  • Presenter, World Intellectual Property Organization Lunchtime Learning (Geneva, CH) (internal presentation re: IP & Blockchain)

October 18, 2018

  • Presenter, BYU Copyright and Trademark Symposium, Cryptokitties, Cryptography & Copyright (Provo, UT). The paper will be published in the BYU Copyright and Trademark Symposium Issue of the American Intellectual Property Law Association Quarterly Journal.

October 26-27, 2018

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[previous issue of CryptoSmartEsq News]

Evans explores IP rules & regs in cryptocurrency + blockchain law at Yahoo Finance Summit [livestream]

Posted on by TME in Intellectual Property

IP + BLOCKCHAIN @ #YahooAMS

Today Professor Evans explores the role of intellectual property (IP) in the blockchain space, given the reality that the value of IP is generally derived from exclusive, proprietary rights. However, so much of the blockchain ecosystem’s infrastructure is open-source (and necessarily so) due to the need for, and benefits of, collaboration and interoperability. In fact, some fantastic projects, like Linux’s HyperLedger Project, were initiated to promote and support an open-source environment to spur blockchain innovation.

Contrary to the open-source community norms, some decentralized app (dApp) developers building on top of blockchains like Ethereum via “smart contract” code (think, “if, then” self-executing agreement) and infrastructure projects like those created by the Ripple and Mobius teams may, instead, seek a completely or at least substantially proprietary advantage by securing, for example, patent protection.

But is robust IP protection contrary to the originalist principles of the O.B. “original blockchain”, aka the Bitcoin Blockchain? Do strong IP protections, which may increase the overall value of a company’s worth, slow down or speed up innovation in an industry that moves at a meteoric pace? Do innovative steps outpace the US examination and registration processes for copyright (3 to 11 months),  trademark (6 months to one year or longer), and patent (1 to 3 years)?

The bottom line is that navigating OSS licenses is challenging and, of course, implicates important legal and economic issues, especially related to patent (inventions) and copyright (creativity) because software is protectable by both IP regimes.

One industry response to ownership and bad actor regulation for patents (which could also be applied to copyright) is the work of the Chamber of Digital Commerce’s Blockchain Intellectual Property Council. IPWatchdog.com explains:

Aside from establishing a repository of blockchain-specific patent information, BIPC will be exploring various IP protection models that have worked in other sectors, such as: Non-aggression agreements – where industry players agree not to assert patents against each other; developing patent pools – where cross-licensing options are available to all pool participants; reducing inventory – where groups form (like the LOT Network) and the members agree not to sell patents without first granting a license to all group members.

Trademark registration is also an important tool to distinguish brand identity and raise consumer awareness. A trademark’s value can increase over time as the business reputation increases. Issues of consumer confusion, however, can cause harm. The Bitcoin (BTC) vs. Bitcoin Cash (BTH) confusion has left many an unwary person confused about the source of crypto. The consequences of transferring BTC to a BTH wallet means that Bitcoin is forever lost. So trademarks play a key role in avoiding consumer confusion, the primary test of trademark infringement. But with no central person or entity asserting ownership rights in this decentralized ecosystem, who is positioned to protect consumers?

Further, several crypto news outlets reported recently that a UK-based company registered BITCOIN as a trademark (for clothing, alcoholic & nonalcoholic drinks) & began issuing cease and desist letter to people like an Etsy store owner selling Bitcoin t-shirts. I covered this topic in a Twitter thread. If you’re wondering if this is illegal, the short answer is no. But that doesn’t mean industry leaders haven’t attempted to discourage this practice.

The BTC Foundation provided an important statement about the propriety of registering BITCOIN as a stand-alone trademark and provided stats as of January 2015 on the number registered marks around the world. For those, it is too late to oppose. It seems the US Patent & Trademark Office, however, is requiring registrants to disclaim the use of “BITCOIN” separately from, say, a mark like MILLY BITCOIN.

As you can see there are a lot of really important and interesting IP issues to consider with blockchain technology. Let’s talk about it.

[AGENDA][REGISTER][LIVESTREAM]

About #YahooAMS

Yahoo Finance presents All Markets Summit: Crypto — the latest in our series of All Markets Summit events produced by Yahoo Finance. This all-day livestream event will take place on June 14, 2018 in San Francisco at the Nasdaq Entrepreneurial Center. Yahoo AMS: Crypto examines the global investment appetite for Bitcoin and other cryptocurrencies, and endeavors to answer some of the biggest questions surrounding these assets.

  • Should individual investors have crypto in their portfolio?
  • Is it a legitimate investment?
  • Will regulators impose stricter federal oversight?

This is Yahoo Finance’s second live cryptocurrency summit this year. Yahoo AMS: Crypto brings together influential entrepreneurs, corporate leaders, policy makers, and legal experts. Limited live studio audience seating available.

Yahoo AMS is presented in conjunction with CoinDesk.

[AGENDA][REGISTER][LIVESTREAM]

#CryptoSmartEsq News, carefully curated #blockchainlaw content-Issue 8 (6/12/2018)

Posted on by TME in Intellectual Property

By Professor Tonya M. Evans

Welcome to this week’s CryptoSmartEsq News, my carefully curated list of current legal issues and events in blockchain and crypto. 

If you’re new to this exciting, fast-developing space, check out the introductory video in the first CryptoSmartEsq news post. Follow me on Twitter at @CryptoSmartEsq (my blockchain and crypto-focused feed) and @IPProfEvans (my intellectual property-focused feed) and #EvansontheBlock for daily legal bits & bytes. Affiliate links noted with $.

I took a two-week hiatus for personal and professional travel and commitments. And boy has a LOT happened in this time. I am reminded what actual breaking news is … it happens every few minutes or so, it seems, in the blockchain ecosystem. In fact, I’ve changed my Top Story three times in as many days. I won’t attempt to capture every bit of law-related news that happened since the last issue. But I will hit the high notes so dive in to this week’s #CryptoSmartEsq news.

~ Tonya Evans @IPProfEvans & @CryptoSmartEsq

This week’s #CryptoSmartEsq News includes:

  • Another successful trademark registration in the UK of the term BITCOIN
  • The tension between the EU’s General Data Protection Regulation (GDPR) and blockchain’s primary characteristics of transparency and immutability
  • CFTC issues guidance for clearing houses and exchanges planning to list cryptocurrency-related derivatives products
  • CFTC probe into possible price manipulation
  • Numerous blockchain patent filings by legacy companies eagerly (or reluctantly) entering the blockchain space.
  • Korea’s regulation of crypto
  • About blockchain lawyers

Leave a comment and tweet me your news items.

Top Story

A London-Based Company Successfully Trademarks the Name ‘Bitcoin’

A number of crypto news outlets reported that a UK-based company successfully registered the term BITCOIN with the UK’s Trademark Office:

Some of the coverage inaccurately describes what has happened and confuses the different types of intellectual property (trademark, patent, copyright etc.). However, it is true that a company named A.B.C. IPHOLDINGS SOUTH WEST LLC c/o MONOPOLIP LTD (London, SW6 1BE, United Kingdom) filed its application on December 22, 2017. The mark BITCOIN was officially registered (UK00003279106) on April 13, 2018.

This UK trademark registration of the mark BITCOIN covers hundreds of products in classes 25 (clothing), 32 (non-alcoholic drinks) and 33 (alcoholic drinks). Several crypto news outlets (linked above) reported recently that in a letter dated May 25, 2018, A.B.C. Holdings demanded that a UK-based Etsy website”cease & desist” its sales of Bitcoin paraphernalia.

Many people responded in the comments sections of the articles above that registering the term BITCOIN is “illegal” or, at the very least, completely contrary to “Shatoshi Nakimoto’s” vision for Bitcoin. The latter is certainly true (unless A.B.C. Holdings is “Shatoshi” … not likely), however registering the word BITCOIN in connection with the sale of goods and services isn’t, in and of itself, unlawful. In fact, there are 26 registered BITCOIN marks in the UK (as of the date of this posting). There are 23 registered marks that include BITCOIN in the United States. In the US, however, no applicant has successfully registered the word BITCOIN apart from other words and all registered marks have disclaimed the use of BITCOIN separate from the claimed mark as a whole.

Intellectual Property

Called “Method and system for payment card verification via blockchain”, the patent was published on Thursday, June 7. It was filed in December 2016. The patent describes a method for conveying a “first public key” and payment credentials through a third-party data source by completing a number of steps. [read more at WorldIPReview.com …]

Corporations are exploring blockchain technology at a rapidly increasing pace with a steady stream of blockchain-related announcements coming from LG, Walmart, Apple and many other tech titans. The primary focus is on understanding how distributed ledgers can improve their services and their bottom line.

CryptoSmartEsq Note: This post discusses patent filings by ICBC, JPMorgan Chase, Bank of America, Apple and Bank of China.

Law & Government

The U.S. Commodity Futures Trading Commission (CFTC) has released new guidance for clearinghouses and exchanges planning to list cryptocurrency-related derivatives products.

CFTC May 21, 2018 Press Release

After years of watching the $346 billion cryptocurrency industry and preparing from the sidelines, the regulators from the U.S. Securities & Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC) and the Financial Industry Regulatory Authority (Finra) recently released a flurry of guidance statements. [read more at Forbes.com …]

The Korea Financial Intelligence Unit (KFIU) and other local financial agencies will regulate cryptocurrency exchanges like banks, imposing strict anti-money laundering (AML) policies to ensure criminals do not utilize cryptocurrencies to finance illicit operations.

“With the deadline for those serving EU customers to prepare for the General Data Protection Regulation (GDPR) finally here, companies are tightening up information governance structures, sending out new privacy policy updates to consumers, and preparing for the regulation’s mandate that individual consumers be able to request the return and erasure of their personal data from big companies.

Blockchain technology companies, however, are worried they may not be able to do enough to comply with their GDPR obligations. Not because they don’t want to, but because they can’t.” [read more at Law.com …]

Crypto lawyers are experts in blockchain technology and cryptocurrency regulations.  They help break down the technology to court during litigation. They also help break down the laws for cryptocurrency developers, exchanges, and startups. These lawyers are the designated liaison between the crypto world and lawmakers. The two biggest areas where cryptocurrency lawyers are important are ICOs and Exchanges. [read more at CoinCentral.com …]

CryptoSmartEsq Note: Another major area not mentioned in this article, of course, are the copyright, trademark and patent lawyers working in this space as well. Legally trained technologists who enter every sector will have a leg up on the competition. From healthcare to environmental law and everything in between. The financial sector is an obvious focus given that the first use case for blockchain technology was cryptocurrency. But with each new use case across sectors, we will see legally trained technologists making a significant impact in how the law develops and is interpreted.

Cases and Enforcement Actions

The CFTC has said bitcoin is a commodity and believes that designation gives it authority to look for fraudulent trading on exchanges, even if the venues aren’t subject to the panoply of rules that futures markets face.

The CFTC in May issued a warning spelling out expectations for approval of new cryptocurrency derivatives. The CFTC said “a heightened level of monitoring” of the bitcoin market is “warranted” for exchanges that want to launch new futures products. [read more at WSJ.com …]

Education

Next issue

Events

Professor Evans to speak at the following events:

June 14, 2018

July 11-15, 2018

  • Panelist, Lutie Lytle Black Women Faculty Workshop & Writing Retreat (SMU Deadman School of Law, TX)
    • 7/13 Developing Your Brand and a “Side Hustle”
    • 7/14 Blockchain Technology: Smart Contracts, Wallets, Mining and Cryptocurrencies

August 9, 2018

  • Panelist, 2018 SEALS Annual Conference August 5-11: Blockchain and the Law (Ft. Lauderdale, FL)

August 10, 2018

September 20, 2018

  • Presenter, World Intellectual Property Organization (WIPO) Lunchtime Learning (Geneva, CH) (internal presentation re: IP & Blockchain)

Need a speaker or more information?

[Contact me]

Signup for Coinbase to receive $10 in $BTC after you buy or sell $100 worth of $BTC

[previous issue of CryptoSmartEsq News]