[E-trademarks] [EXT] Re: Trademark Rising

[Alex Butterman]

Shawn:

Is that the “Trademark Impact” service (excerpted below)?

www.trademarkimpact.com<http://www.trademarkimpact.com>

You can reach me at (213) 512-0359 (EXT 20)
Thanks & regards,
[cid:image006.jpg at 01DA92A3.7A2A2D80]

A friend (and prospective client) contacted me about this service a week ago and she never applied for or registered her business name. This service apparently combs through Secretary of State data and contacts any business registered with a state. Their message states:

Dear XX XX,
We trust this message finds you well,
This is our final attempt to reach out to you regarding the registration of the brand name "___________________" If we do not receive your confirmation for registration today, we will proceed with the other applicant by tomorrow, potentially leading to the loss of your right to use the brand name.

Trademark infringement is prosecuted under civil laws, lawsuits over trademark infringement will usually require you to stop using the trademark, and you may have to return any profits made off of the infringing use or pay monetary damages for the use of the trademark.



What is the penalty for violating a trademark?

The most common penalty for trademark infringement is an injunction or a cease-and-desist letter directing the infringer to stop using the trademarked material. It's also possible for criminal or civil penalties to result from an intentional violation of trademark law, although this is rare. Trademark infringement lawsuits can cost on average anywhere between $120,000 to $750,000 depending on the complexity of the case.



Understanding that you have been using the brand for an extended period, we have the flexibility to decline proceedings with the other party, especially if they are a startup company. If you are interested in securing ownership of the brand name "___________________" kindly respond urgently so that we can guide you through the registration process.

We appreciate your immediate attention to this matter and look forward to your prompt response.

These all probably derive from the same set of bad actors.




Alex Butterman
Partner
DUNLAP BENNETT & LUDWIG
211 Church St., SE; Leesburg, VA 20175
T: 703-777-7319 – BIO<https://www.dbllawyers.com/attorney/alex-butterman/>
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Shawn Shadow via E-trademarks
Sent: Friday, April 19, 2024 04:05 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Shawn Shadow <sshadow at 1027tm.com>
Subject: [EXT] Re: [E-trademarks] Trademark Rising

One of the newest I have seen are emails telling business owners that someone else is interest in registering their mark, but they can prevent that if they just sign up with their service. It’s insane.

[cid:image008.png at 01DA92A3.7A2A2D80]
Shawn M. Shadow
CEO

810.357.1225
www.1027tm.com<http://www.1027tm.com>

Let everyone else be normal. We'll be exceptional.

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> on behalf of Kevin Grierson via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Date: Friday, April 19, 2024 at 16:02
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: Kevin Grierson <kgrierson at cm.law<mailto:kgrierson at cm.law>>
Subject: Re: [E-trademarks] Trademark Rising
Sadly, there seems to be a new variation or scam on a regular basis.  This particular scam seems derived from the Chinese .cn domain name scams using the same idea—somebody else wanted to buy this domain, but we looked and it’s your name, so we are giving you the opportunity first, etc., etc.

Because the form of the scams varies, I have given up on trying to give pointers on how to help clients spot them, and just tell my clients “The PTO doesn’t send bills.  If you get a bill regarding your trademark and it’s not from us, check with us before paying it.”  I make it a point of telling them I don’t charge to look over the scam email, letter, etc. so they don’t feel caught between paying the scammer or paying me.

Kevin Grierson​​​​
[cid:image009.png at 01DA92A3.7A2A2D80]
[Mobile:]
  757-726-7799<tel:757-726-7799>
[Fax:]
  866-521-5663
[Email:]
  kgrierson at cm.law<mailto:kgrierson at cm.law>

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> On Behalf Of Kathryn A Porter via E-trademarks
Sent: Friday, April 19, 2024 3:26 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: Kathryn A Porter <kap at kporterlaw.com<mailto:kap at kporterlaw.com>>
Subject: Re: [E-trademarks] Trademark Rising

EXTERNAL EMAIL
Hi Mike,

Trademark Rising recently solicited my client with the same scam. Twice.

Luckily, my client knew to contact me whenever they receive a solicitation or “official notice” sent directly to them. But it did freak them out.

Trademark Rising has been doing this for quite a while. I searched the following phrase from their website and found a listserv thread about them (different company name used: Paragon) back in April and August 2023:

Although we are not a law firm, we have a team of professional trademark experts who undergo an extensive training program to make them the best at what they do. Only after they have completed their training and passed a rigorous series of examinations can an employee be placed into service. This rigorous training leads to the expert level of services we provide.

What’s worse, in 2023, Paragon used the name of one of our listserv colleagues in their scam! It’s amazing the lengths these companies will go to.

Best regards,

--
Kathryn A. Porter
Kathryn A. Porter, PA
1661 West Ave Unit 398795
Miami Beach, FL 33139
kap at KPorterLaw.com<mailto:kap at KPorterLaw.com>
305-677-9588 office

The information contained in this electronic transmission may be a confidential or privileged communication.  It is intended solely for the use and/or benefit of the recipient identified above.  If you are not the intended recipient, you are hereby notified that dispersing, copying or distributing all or any part of this communication is strictly prohibited.  If you have received this communication in error, please notify me immediately via reply email and please delete this communication.  Thank you.

On Apr 18, 2024, at 7:40 PM, Michael D. Steger via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:

Has anyone encountered Trademark Rising soliciting your clients with variations of the ol' "someone else is going to file an application for your name"?  It appears that they operate under multiple names. Today they contacted one of my clients to advise them that someone else had filed an application for my client's brand -- I had filed the application for the solicited client.

 (They may have arisen on this list before but I couldn't find anything in the archives).

--
Mike Steger

Law Offices of Michael D. Steger, PC
295 Madison Avenue, 22nd Floor
New York, NY  10017
(646) 517-0600

30 Ramland Road, Suite 201
Orangeburg, NY 10962
(845) 359-4600
(845) 638-2707 (fax)
msteger at steger-law.com<mailto:msteger at steger-law.com>
www.steger-law.com<http://www.steger-law.com/>
www.mistercopyright.com<http://www.mistercopyright.net/>


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