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  (Source: Download Torrent)
U.S. protocol developer accuses German copycat of abusing its trademarks and good-will

With the slow death of peer-to-peer filesharing, the BitTorrent protocol has become virtually synonymous with filesharing in general.  Even the offices of members of Congress use Bittorrent for illegal filesharing.

Given the legal troubles facing users who torrent copyrighted content, it may surprise some to know that an independent company not only develops and profits off of the popular protocol, but also sells a torrent-friendly set-top box, as well as a slew of torrent-themed software, including antivirus apps, media players, and file converters.

BitTorrent Inc., based out of San Francisco, Calif. claims its "branded products and services are used by hundreds of millions of people in the United States and internationally to find, share, and move digital media."

But lately BitTorrent Inc. has been plagued by a pesky foe -- Germany's BitTorrent Marketing GmbH.  BitTorrent Marketing is in no way developed with the association of the protocol, but it owns bittorrent.net and a series of misspelled versions of the base bittorrent.com domain, the primary site of BitTorrent Inc.

BitTorrent dot net

BitTorrent Marketing's for-profit obfuscation has drawn the ire of BitTorrent Inc. who this month decided enough was enough and filed the Northern District of California -- a San Francisco federal court.

BitTorrent (U.S.) accuses BitTorrent (Germany) of trademark infringement, illegal domain name purchases, and cyber-squatting (the act of hording domain names that are not being actively developed).

The U.S. protocol developer writes in the suit [PDF]:

Defendant is capitalizing on misdirected users who are seeking to avail themselves of BitTorrent’s products and services and are instead led to defendant’s BitTorrent website (through defendant’s use of the infringing domain names.) Users are then presented with offers to access and download digital media and content that they would typically find through plaintiff’s BitTorrent client and protocol, and likely sign up and pay for the services available through defendant’s BitTorrent website under the misimpression that such services are offered by, sponsored by, or affiliated with plaintiff.
...
[The defendant has] an intent to confuse consumers and profit from the goodwill and consumer recognition associated with plaintiff and its BitTorrent trademark.

BitTorrent (U.S.) wants BitTorrent (Germany) to stop using its trademark.  It may face a bitter battle on this front as BitTorrent (Germany) has registered the name with the European Community (the EU's intellectual property body) and with German regulatory agencies.

The U.S. firm is also seeking millions in monetary damages, which it says its German foe illegally obtained in ad-revenue, based on its trickery.  BitTorrent Inc. is also demanding that the German firm forfeit its copycat domain names.

Despite the popularity of third party/alternative torrent clients, such as Deluge and uTorrent (although the latter is now owned by BitTorrent), reportedly 150 million people worldwide are now putting to use BitTorrent's client -- some legally, but many illegally.  BitTorrent Inc. was founded by Bram Cohen, a computer programmer who developed the protocol in 2001.  Up until 2005 BitTorrent's search engine (accessible from its homepage) allowed users to search for upload torrents of copyrighted materials.  However, facing mounting legal pressure BitTorrent agreed that year to remove copyrighted materials from its results.

That change helped BitTorrent avoid future lawsuits, while developing a protocol that is tremendously popular with pirates.  The change is also the primary reason why most of today's torrent search traffic is routed through uncensored third party sites like The Pirate Bay, which are perfectly happy to point users to torrents of pirated copyrighted works.

Some would be surprised to know that BitTorrent Inc. actually enjoys a rather friendly relationship with big media groups like Time Warner Inc.'s (TWX) Warner Brothers and News Corp.'s (NWS) Fox to legally distribute their content.

Source: BitTorrent Inc. [via Wired; PDF]



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This article is over a month old, voting and posting comments is disabled

By tecknurd on 5/23/2012 1:37:02 PM , Rating: -1
Anybody should know that if making any company and want the company on the Internet buy all the TLD of the domain name. If not, have fun with the battle of trying to get the TLD for your domain name from someone else that has the TLD of your domain name. Multiple Registrars have a combo special if buying a COM and you pay less for NET.

I disagree that BitTorent in Germany is a copycat for domain name for the company BitTorrent in the USA. They saw that bittorrent.net is not owned by anybody, so they bought it. Anybody would of done the same. When bittorent is your domain name, buy all TLD for that domain name or else deal with battle that you may have a chance losing in court. Dealing with domain names in court is messy compared to trademarks.




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