[E-trademarks] Corsearch sending takedown notices for TM infringement: How is this not UPL?

Lindsey Corbin lindsey.corbin at delegate.legal
Tue May 14 11:38:53 EDT 2024


Was this on Corsearch letterhead?  Or was it electronic such that the
non-US party used the Corsearch platform to send the takedown and it
appeared to look like it came from Corsearch?  I think most, if not all,
brand protection monitoring platforms have the built in capability to hit
"send" on a takedown from the Brand Owner directly from the platform in
which case Corsearch would just be the middle software.

It doesn't change the fact that the mark isn't anywhere on your client's
page.

On Tue, May 14, 2024 at 8:32 AM Kevin Grierson via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> My client got a takedown notice from Corsearch today on behalf of a non-US
> third party, claiming that my client was using the third party’s mark
> (which was very odd for a lot of reasons, not the least of which is that
> the mark my client is supposed to be infringing doesn’t appear anywhere on
> the client’s website as Corsearch claims).
>
>
>
> Apart from the fact that the claim is complete bullshit, it seems very odd
> to me that Corsearch is sending cease and desist notices making legal
> claims on behalf of third parties.  Is there some exception to the UPL
> rules I’m not aware of?  They provided a POA, but to my knowledge a POA
> doesn’t give the party receiving the power to right to practice law on
> behalf of its client.  Otherwise there’d be no need to have a law license
> to represent people in legal matters.
>
>
>
> kwg
>
>
>
> *Kevin Grierson <https://www.culhanemeadows.com/attorney/kevin-grierson/>*
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