[E-trademarks] Attorney Identity Theft
Carl Oppedahl
carl at oppedahl.com
Sat Oct 26 17:13:35 UTC 2024
Given that almost all of this risk comes from poor design of USPTO
systems, I think the stakeholder that needs to comply with a higher
standard of care is the USPTO.
On 10/26/2024 8:52 AM, Emil Ali via E-trademarks wrote:
>
> In a recent OED case of mine, OED suggested that attorneys have a
> responsibility to search their own name every six hours because there
> are actors that will file an application using the name and
> credentials of another, then immediately file a withdrawal.
>
> Needless to say, I don’t believe that is the standard of care required.
>
> *Emil J. Ali*
>
> PARTNER
> *P:* 310.596.1234 | *C:* 202.556.3645 | *F:* 310.649.7890
> emil at mccabeali.com
>
> McCabe & Ali, LLP
>
> 13337 South Street, Suite 555, Cerritos, CA 90703
> O: 877.633.4097 | mccabeali.com
>
> *From: *E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on
> behalf of Jeremy Green Eche via E-trademarks
> <e-trademarks at oppedahl-lists.com>
> *Date: *Friday, October 25, 2024 at 6:40 PM
> *To: *For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> *Cc: *Jeremy Green Eche <jeremy at jpglegal.com>
> *Subject: *Re: [E-trademarks] Attorney Identity Theft
>
> Dockettrak tracks your trademarks by correspondent email address, so
> that wouldn't tell you if somebody was filing trademarks in your name
> using a different email address.
>
> I don't blame non-TM attorneys for not checking the database
> regularly. There are many different settings in which people might
> pretend to be you and you can't monitor all of them.
>
>
> —
>
> Jeremy
>
> Jeremy Peter Green Eche
> Founder and Managing Attorney, JPG Legal
>
> Office: (917) 268-7054 | Direct: (917) 310-2207
>
> www.jpglegal.com <http://www.jpglegal.com>
>
> 157 13th Street, Suite 111
> Brooklyn, NY 11215
>
> On Fri, Oct 25, 2024 at 6:08 PM Lindsey Corbin via E-trademarks
> <e-trademarks at oppedahl-lists.com> wrote:
>
> We use DocketTrak and it searches based on the attorney. You
> receive an email if a new record is added, so you can easily
> monitor for fraudulent applications. Having said that, I agree
> with Carl - non TM attorneys/paralegals would have no clue how to
> search their credentials.
>
> On Fri, Oct 25, 2024 at 3:01 PM Carl Oppedahl via E-trademarks
> <e-trademarks at oppedahl-lists.com> wrote:
>
> Over the past couple of years I looked at several clusters of
> trademark filings where it turned out some lawyer's name had
> been appropriated. In each case that I looked at, the victim
> was a lawyer who had never touched a trademark file ever
> before in his or her life.
>
> Those lawyers are not going to have a clue that it is somehow
> important to make a stop at the USPTO web site once a month to
> do a search for their own name in the trademark search system.
>
> On 10/25/2024 3:43 PM, Annette Heller via E-trademarks wrote:
>
> To monitor your applications on a regular basis by doing a
> search on your name and see what comes up. I do a search
> on a monthly basis and have a follow up to remind me.
>
> 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 10/25/2024 11:55:22 AM Central Daylight
> Time, e-trademarks at oppedahl-lists.com writes:
>
> This is absolutely terrible. What would be a good way
> to prevent such identity theft?
>
> Maria
>
> *--------------------------*
>
> /*Maria Eliseeva*/
>
> /Patentbar International/
>
> /617-332-5800/
>
> /maria at patentbar.com /
>
> /www.patentbar.com <http://www.patentbar.com/> /
>
> *From:* E-trademarks
> <e-trademarks-bounces at oppedahl-lists.com>
> <mailto:e-trademarks-bounces at oppedahl-lists.com> *On
> Behalf Of *Diane Gardner via E-trademarks
> *Sent:* Friday, October 25, 2024 12:23 PM
> *To:* e-trademarks at oppedahl-lists.com
> *Cc:* Diane Gardner <diane at mmip.com>
> <mailto:diane at mmip.com>
> *Subject:* [E-trademarks] Attorney Identity Theft
>
> Today the ABA Journal Weekly Newsletter ran a story
> about Ana Belén Vinueza, a corporate attorney for
> Illumina (California) whose identity and credentials
> were stolen and used to file more than 2000 trademark
> applications.
>
> According to the article, female attorneys licensed in
> California currently run the highest risk of this type
> of identity misappropriation. The USPTO is aware of at
> least 30 such cases of similar identity theft for the
> purpose of filing new trademark applications.
>
> Kind regards,
>
> /**/
>
> /*Diane L. Gardner*/
>
> /*Reg. No. 36,518*/
>
> /_____________________________________________________________/
>
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