This announcement is drafted in response to the disappointing announcement from BlockchainAustralia.org (“BAO”) titled “Notice of Member Disciplinary Resolution” (“The Announcement”).
Blockchain Australia is the registered holder of a Trademark to Blockchain Australia as well as the owner of the domain name BlockchainAustralia.com.au.
Blockchain Australia’s original trademark had been filed in 21 September 2018 and entered into the register on 5 May 2020. BAO registered the business name on 15 August 2019, BAO were well aware, or ought to have been well aware considering their background and experience that blockchain Australia had filed for a trademark when they registered the name. In fact, the initial Blockchain Australia Trademark was lodged by the firm of one of the board members.
As of 5 May 2020, Blockchain Australia has had the legal right to use and trade under the name Blockchain Australia.
BAO had provided formal concerns in writing to Blockchain Australia on 29 April 2021. In response Blockchain Australia requested the following:
- That a joint announcement is published publicly distinguishing the two entities.
- That Blockchain Australia resigns from being a member of BAO immediately.
BAO has refused to the request to jointly announce that the two bodies are separate and they have ignored Blockchain Australia’s request to resign as a member.
The statement made by BAO is correct in its entirety, however what BAO has negligently failed to mention is that Blockchain Australia had removed all traces of BAO on the Blockchainaustralia.com.au website so that there would be no further confusion between the two.
“On 12 November 2020 Blockchain Australia emailed Mr Ralph Kalsi of Blockchain Solutions Australia about its concern that Blockchain Solutions Australia the website (http://www.blockchainaustralia.com.au/) would give visitors the impression that they were engaged with Blockchain Australia rather than Blockchain Solutions Australia.
By email dated 12 November 2020 Mr Kalsi of Blockchain Solutions Australia represented that the website would be altered and updated to remove any confusion.”
The statement quoted below was statement made in the announcement. The statement is highly unprofessional and defamatory in nature. BAO does not represent every person which engages in blockchain technology, they simply represent the members which have joined BAO as members and it is otherwise arrogant to presume otherwise.
“The behaviour of Blockchain Solutions Australia is wilful and against the interest of the Australian blockchain community“
Again, the comment made below is highly unprofessional and untrue. Blockchain Australia made an application to use the name Blockchain Australia on 21 September 2018, and BAO only started trading with the name Blockchain Australia on 15 August 2019.
“We are firmly of the view that the term “Blockchain Australia” is a trading name which has been used by this organisation well prior to any use by Blockchain Solutions Australia, and is a term which is by its nature a reflection of the ecosystem, as a whole and that no entity should be entitled, nor seek to register or exploit this term for commercial purposes.“
BAO knew Blockchain Australia had applied for the trademark and now that it has been registered has every legal right to use the trademark in business operations. Blockchain Australia is distraught with the announcement that has been released by BAO and believes it to be a classic case of a large organisation taking advantage of its power and disadvantaging small business. This behaviour is unbecoming of an “industry body” and will not stand idle to the slanderous comments publicly disseminated by BAO.
