[E-trademarks] TM Scam?

[Eric Morton]

Is this attorney real?  I’d check the attorney’s bar number and look up the attorney with the state bar.  A complaint with that attorney’s state bar is in order.
--
Eric D. Morton
Attorney
Clear Sky Law Group, P.C.
1300 Clay St., Ste. 600, Oakland, CA 94612
P:  (510) 556-0367 / (760) 722-6582
F:  (510) 751-4598
emorton at clearskylaw.com
www.clearskylaw.com<http://clearskylaw.com/>
[Clear Sky Logo-Transparent 6]



From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Tim Ackermann via E-trademarks
Sent: Tuesday, December 03, 2024 9:03 AM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Tim Ackermann <tim at ackermannlaw.com>
Subject: Re: [E-trademarks] TM Scam?

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<mailto: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<mailto: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<mailto: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/>

10 Grand Central
155 East 44th Street, 19th Floor
New York, NY  10017
Mobile: +1 (917) 453-7807
Tel.:  (212) 293-5556, x 2


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