[E-trademarks] Attorney Identity Theft
Rick Bigelow
bigelowpatentlaw at gmail.com
Sat Oct 26 18:27:18 UTC 2024
I assume the USPTO will allow me to bill them for an hour a day for
complying with this best practice.
On Sat, Oct 26, 2024 at 1:50 PM Pamela Chestek via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:
> You don't do that? And every state and federal docket in the country, and
> any administrative board, in case someone is impersonating you there too?
> Oh, and how about patents, you mean you don't check those too? And state
> trademark registries?
>
> Pam
> Pamela S. Chestek
> Chestek Legal
> 300 Fayetteville St.
> Unit 2492
> Raleigh, NC 27602
> +1 919-800-8033
> pamela at chesteklegal
> www.chesteklegal.com
>
> On 10/26/2024 1:37 PM, Laura Geyer via E-trademarks wrote:
>
> EVERY SIX HOURS????
>
>
>
> *Laura Talley Geyer* | *Of Counsel*
>
>
>
> *ND Galli Law LLC*
>
> 1200 G Street, N.W., Ste 800
>
> Washington, DC 20005
>
> Tel: (202) 599-9019 (direct)
>
> https://ndgallilaw.com/laura-geyer/
>
> https://ndgallilaw.com/
>
>
>
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com>
> <e-trademarks-bounces at oppedahl-lists.com> *On Behalf Of *Carl Oppedahl
> via E-trademarks
> *Sent:* Saturday, October 26, 2024 1:14 PM
> *To:* For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> <e-trademarks at oppedahl-lists.com>
> *Cc:* Carl Oppedahl <carl at oppedahl.com> <carl at oppedahl.com>
> *Subject:* Re: [E-trademarks] Attorney Identity Theft
>
>
>
> *EXTERNAL EMAIL*
>
> 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
>
> [image: 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>
> <e-trademarks-bounces at oppedahl-lists.com> on behalf of Jeremy Green Eche
> via E-trademarks <e-trademarks at oppedahl-lists.com>
> <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>
> <e-trademarks at oppedahl-lists.com>
> *Cc: *Jeremy Green Eche <jeremy at jpglegal.com> <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
>
> 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 <maria at patentbar.com> *
>
> *www.patentbar.com <http://www.patentbar.com/> *
>
>
>
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com>
> <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> <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*
>
> *_____________________________________________________________*
>
> *Please note our new corporate address as of February 1, 2023:*
>
> Mastermind IP Law P.C., 440 N. Barranca Ave. #6387, Covina, CA 91723
> 760.294.5160 *tel*. 706.955.9666* tel. *803.226.0741 *tel*.* ▪ *
> diane at mmip.com* e-mail*
>
> CA Lic. No. 196214 DC Lic. No. 470855 USPTO Reg. No. 36518
>
>
>
> *Please note our expedited mail processing address as of February 1, 2023:*
>
> Mastermind IP Law P.C., 532 Forest Bluffs Rd., Aiken, SC 29803
>
>
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--
Richard L. Bigelow
Registered Patent Attorney
Certified Patent Valuation Analyst
43 Nuangola Ave.
Mountaintop, PA 18707 USA
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