[E-trademarks] TM Scam? Amazon Hi- Jacking

Tue Dec 3 17:53:49 UTC 2024

Agree! Interesting possibility,

Pam

Pamela S. Chestek
Chestek Legal
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On 12/3/2024 9:17 AM, Annette Heller via E-trademarks wrote:
> Wow What a good thought!!  I did not think of that angle at all.
> Annette
>
> Annette P. Heller
> Trademark/Copyright Attorney
> TM Law & Associates
> 400 Chesterfield Center Ste 400
> Chesterfield [St Louis] MO 63017
>
> www.TrademarkAtty.com <http://www.trademarkatty.com/>
>
> 314-469-2610 Fax 314-469-4850
> In a message dated 12/3/2024 11:04:13 AM Central Standard Time, 
> e-trademarks at oppedahl-lists.com writes:
>
>     Mark,
>      I'd consider filing a power of attorney ASAP. This is probably
>     not the case -- I don't want to assume attorney malfeasance -- but
>     it's not impossible.
>      What I'd be worried about is some kind of Amazon /
>     brand-ownership hijacking. Assuming you didn't have a filed power
>     of attorney, the USPTO stopped recognizing you as the attorney
>     upon registration (or completion of earlier maintenance filing)
>     under 37 C.F.R. §2.17(g). Then, once this new attorney files the
>     renewal, the new attorney is recognized under 37 C.F.R.
>     §2.17(b)(1), right? And that attorney will get any kind of emails
>     from Amazon, or Walmart, or whoever now uses that method of
>     verifying brand ownership, under 37 C.F.R. §2.18.
>      I just don't see another point for paying the client's USPTO fees
>     when you are not going to be reimbursed. And the "we're on
>     vacation and not responding" might just be a dodge.
>      Sincerely,
>     Tim Ackermann
>     The Ackermann Law Firm
>
>     E: tim at ackermannlaw.com
>     P:  817.305.0690
>     F:  214.453.0810
>     W: ackermannlaw.com <http://ackermannlaw.com>
>     O: 1701 W. Northwest Hwy. Ste. 100
>          Grapevine TX 76051
>
>
>     On Tue, Dec 3, 2024 at 10:41 AM Mark Kaufman via E-trademarks
>     <e-trademarks at oppedahl-lists.com> wrote:
>
>         Oh great and powerful Brain Trust:
>
>         We wrote to a client to renew a registration (due in a year,
>         but inspired by the upcoming increase in PTO fees).  Client
>         said they’d send payment.  Before we renewed, another U.S.
>         attorney had filed and paid the fee for renewal. 
>         Disappointed, I wrote to the client.  Client said that they
>         didn’t know who the new attorney was, and that client had
>         mailed me a check to do the work.   An email to the new
>         attorney semi-bounces back with the following message:
>
>         XYZ Law Firm will be away on vacation for the 2024-2025
>         holiday season. Afterward [the firm] will begin the winding up
>         process. If you have any questions this email will be
>         monitored sparingly but questions will be addressed in time.
>         [The Firm’s] Intellectual Property web services have been
>         faulty since 9/4/2024. If assistance is needed concerning a
>         prior response please call.
>
>         I’m not sure if the “2024-2025 holiday season” means the
>         entire month of December.  A phone call to new attorney’s cell
>         phone doesn’t answer, and “mailbox is full.” I’ve sent a text
>         message, but am not optimistic about getting a response.
>
>         So:  I guess I’ll send the foregoing to TMscam at uspto.gov and,
>         if anyone thinks it’s advisable, to the Post Registration
>         Department.  But the curious thing about this hijacking is
>         that the new, unauthorized “law firm”, in the process of
>         taking over the registration, paid the filing fee.  Maybe they
>         intend to assign the registration to some other scammer…
>
>         I welcome your thoughts and suggestions.
>
>         Thanks,
>
>         Mark
>
>         Mark S. Kaufman
>
>         Kaufman & Kahn, LLP
>
>         Email: kaufman at kaufmankahn.com <mailto:kaufman at kaufmankahn.com>
>
>         www.kaufmankahn.com <http://www.kaufmankahn.com/>
>
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