[E-trademarks] Fraudulent Call

[Jessica R. Friedman]

I just sent out a client alert using some of the text of the USPTO email.

Jessica R. Friedman
Attorney at Law
300 East 59 Street, Ste. 2406
New York, NY 10022
Phone: 212-220-0900
Cell: 917-647-1884
E-mail: jrfriedman at litproplaw.com<mailto:jrfriedman at litproplaw.com>
URL: www.literarypropertylaw.com<http://www.literarypropertylaw.com>

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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Orvis via E-trademarks <e-trademarks at oppedahl-lists.com>
Date: Friday, December 15, 2023 at 1:46 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Orvis <orvispc at gmail.com>
Subject: Re: [E-trademarks] Fraudulent Call
Good thing the PTO is making applicants provide their where you sleep at night address.

Dec 15, 2023 1:41:06 PM Louis Levy - Belles Katz via E-trademarks <e-trademarks at oppedahl-lists.com>:
Fair point.  There’s not much they can do.  I work with fraud victims in a side gig – the amount of fraud out there – and the number of people who fall for it – is stunning.
Lou
Louis J. Levy, Esq.
BELLES<http://www.lermansenter.com/> KATZ LLC | 1800 John F. Kennedy Blvd., Suite 1010 | Philadelphia, PA 19103
240.453.9211 or 267.952.2060(d) | 202-258-6547(m) | llevy at belleskatz.com<mailto:llevy at belleskatz.com>
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Doug Isenberg via E-trademarks
Sent: Friday, December 15, 2023 1:30 PM
To: 'For trademark practitioners. This is not for laypersons to seek legal advice.' <e-trademarks at oppedahl-lists.com>
Cc: Doug Isenberg <doug at giga.law>
Subject: Re: [E-trademarks] Fraudulent Call
The USPTO response seems very thorough.  What else could the USPTO do?
Unfortunately, the best advice is for potential victims to be aware – as is true in similar contexts that arise in my practice, such as phishing, tech support scams, and websites selling counterfeit products (or no products at all).
Douglas M. Isenberg | The GigaLaw Firm
Attorney at Law
Phone: 1-404-348-0368
Email: Doug at Giga.Law<mailto:Doug at Giga.Law>
Web: www.Giga.Law<http://www.giga.law/>
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> On Behalf Of dbmelnick--- via E-trademarks
Sent: Friday, December 15, 2023 1:21 PM
To: 'For trademark practitioners. This is not for laypersons to seek legal advice.' <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Cc: dbmelnick at gmail.com<mailto:dbmelnick at gmail.com>
Subject: Re: [E-trademarks] Fraudulent Call
I’m attaching a PDF of the email correspondence (with a note that the response was quick if not completely satisfactory).  If you cannot access the attachment, please send me a private message.
Diane Melnick
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> On Behalf Of Chelsie Spencer via E-trademarks
Sent: Friday, December 15, 2023 1:16 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Cc: Chelsie Spencer <cspencer at ritterspencercheng.com<mailto:cspencer at ritterspencercheng.com>>
Subject: Re: [E-trademarks] Fraudulent Call
Even where the phone number in the filing is for your law firm, they’re still pulling client phone numbers from other public records. I’ve had two larger clients report direct calls in the last week, one to their COO’s cell phone — which certainly isn’t in the USPTO’s database.
Chelsie Spencer
Sent from my iPhone
On Dec 15, 2023, at 12:12 PM, Louis Levy - Belles Katz via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:

I believe the list has already discussed this, but for safekeeping, I just received a phone call from a number that spoofed a PTO phone number (571.272.6500).  The caller started telling me about an application filed two months ago and how it would register shortly.  She seemed to think I was the applicant.  I believe she was going to ask for an additional payment, but before she got there, I started asking questions.  She quickly hung up, saying she would send me an email, which never came.  The application she mentioned still hasn’t been assigned to an Examiner.

Clearly people are scraping the PTO database for the phone numbers of applicants (and their attorneys).  Is there anything the PTO can do to block that?  If you call the number, a PTO recording says they are aware of call scams.

Lou

Louis J. Levy, Esq.
BELLES<http://www.lermansenter.com/> KATZ LLC | 1800 John F. Kennedy Blvd., Suite 1010 | Philadelphia, PA 19103
240.453.9211 or 267.952.2060(d) | 202-258-6547(m) | llevy at belleskatz.com<mailto:llevy at belleskatz.com>

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