[E-trademarks] How did they get my client's E-mail address?

[Richard Morris]

My clients have received quite a few of these recently.    See email below.  

 

I only bring this one to everyone’s attention because I filed a change of contact info with the USPTO on OCT 26, 2023, and provided my client’s new email address.   And a week later, on NOV 3, 2023, we get this spam email sent to the new email address.   

 

How could they have gotten the new address?  

 

I realize they could have contacted the Registrant and somehow secured the email address via the web site or a phone call.    But this appears to be an automated email sent in bulk to many different Registrants.   This leads me to believe they got the info from the USPTO database.   

 

Is this possible?   Or am I worried over nothing?  

 

Thanks

 

Richard L. Morris, Jr., Esq.

1-800-4-TRADEMARK, P.A.

Ph.  800.487.2336  Ph.  305.673.6686   

www.4trademark.com

This e-mail is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this e-mail in error, please destroy it and notify us immediately.

 

 

 

 

 

From: ericjames at usptotrademarksus.com <ericjames at usptotrademarksus.com>
Sent: Friday, November 3, 2023 5:46 PM
To:  
Subject: URGENT: Final Notice - USPTO Trademark Infringement Conflict - Immediate Response Required.

 

Hello XXX

This is our final attempt to reach out to you. If you do not take steps to register the brand name "xxx” today, we will proceed with the other applicant tomorrow, and you will forfeit your rights to use the brand name"xxx".

Additionally, please review the information below, which will provide you with a better understanding of trademark matters:

Why are we contacting you?

Our company policy dictates that before initiating a trademark registration with the USPTO, we conduct a thorough check of the brand name on search engines and social media platforms. We give the current user of the exact brand name a 48 to 72-hour window to respond and grant approval. In the absence of a response during this time frame, we move forward with the interested party for name registration.

Trademark infringement is subject to civil laws, and legal actions related to trademark infringement often necessitate ceasing the use of the trademark. Infringers may be required to discontinue using the trademark and may have to relinquish any profits obtained from its unauthorized use, or they may be liable to pay financial damages for their use of the trademark.

What are the consequences of trademark violation?

The most common consequence of trademark infringement is receiving an injunction or a cease-and-desist order instructing the infringing party to halt the use of the trademarked material. In certain cases of intentional trademark law violation, criminal or civil penalties may be imposed, although this is relatively uncommon. The costs associated with trademark infringement lawsuits typically range from $120,000 to $750,000 on average, depending on the complexity of the case.

Given that you have been using this brand for a significant period, we may opt not to proceed with the other party, especially if they are a startup company. If you are interested in securing ownership of this brand name through trademark registration, kindly respond to us via email, and we will provide you with the necessary information and registration process details.

We eagerly await your response.

Thank you and best regards.

 

 

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