[E-trademarks] New scam site - nextmarksolutions
Kevin Grierson
kgrierson at cm.law
Mon Feb 3 16:31:12 EST 2025
Agreed. The few times I tried to track one of these attorneys down, they either didn’t exist or apparently weren’t aware their name was being used.
Kevin Grierson
|
Partner
[cid:image001.png at 01DB7659.082DAE60]<https://www.cm.law/>
[Mobile:]
757-726-7799<tel:757-726-7799>
[Fax:]
866-521-5663<fax:866-521-5663>
[Email:]
kgrierson at cm.law<mailto:kgrierson at cm.law>
Please note: Culhane Meadows is now CM Law<https://www.cm.law/cm-law-formerly-culhane-meadows-launches-second-decade-with-fresh-name-and-modern-brand/>
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Tara Aaron-Stelluto via E-trademarks
Sent: Monday, February 3, 2025 4:05 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Tara Aaron-Stelluto <tstelluto at bartonesq.com>
Subject: Re: [E-trademarks] New scam site - nextmarksolutions
EXTERNAL EMAIL
I’d be willing to bet he’s not actually an attorney.
Tara Aaron‑Stelluto
Partner
Barton LLP
611 Commerce Street, Suite 2911
Nashville
,
TN
37203
Tel:
615-340-6790<fax:615-340-6790>
|
Direct Dial:
615-899-4501<tel:615-899-4501>
tstelluto at bartonesq.com<mailto:tstelluto at bartonesq.com>
|
www.bartonesq.com<http://www.bartonesq.com/>
|
bio<https://www.bartonesq.com/attorney/tara-aaron-stelluto/>
|
vcard<https://www.bartonesq.com/vcard?id=4210>
[cid:image005.png at 01DB7659.082DAE60]
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> on behalf of Carl Oppedahl via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Date: Friday, January 31, 2025 at 1:38 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Cc: Carl Oppedahl <carl at oppedahl.com<mailto:carl at oppedahl.com>>
Subject: Re: [E-trademarks] New scam site - nextmarksolutions
I am curious -- how is the bad attorney here getting his hands on email contact information for the client? Surely not from TSDR, right?
On 1/31/2025 2:31 PM, Tara Aaron-Stelluto via E-trademarks wrote:
My client had gotten their registration certificate like a month ago. They’re not targeting very well.
Tara Aaron‑Stelluto
Partner
Barton LLP
611 Commerce Street, Suite 2911
Nashville
,
TN
37203
Tel:
615-340-6790
|
Direct Dial:
615-899-4501<tel:615-899-4501>
tstelluto at bartonesq.com<mailto:tstelluto at bartonesq.com>
|
www.bartonesq.com<http://www.bartonesq.com/>
|
bio<https://www.bartonesq.com/attorney/tara-aaron-stelluto/>
|
vcard<https://www.bartonesq.com/vcard?id=4210>
[cid:image005.png at 01DB7659.082DAE60]
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com><mailto:e-trademarks-bounces at oppedahl-lists.com> on behalf of Pamela Chestek via E-trademarks <e-trademarks at oppedahl-lists.com><mailto:e-trademarks at oppedahl-lists.com>
Date: Friday, January 31, 2025 at 10:46 AM
To: e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com> <e-trademarks at oppedahl-lists.com><mailto:e-trademarks at oppedahl-lists.com>
Cc: Pamela Chestek <pamela at chesteklegal.com><mailto:pamela at chesteklegal.com>
Subject: Re: [E-trademarks] New scam site - nextmarksolutions
A client of mine got this one too, for a trademark in an application they had abandoned. That might be who they're targeting.
Pam
Pamela S. Chestek
Chestek Legal
PLEASE NOTE OUR NEW MAILING ADDRESS
4641 Post St.
Unit 4316
El Dorado Hills, CA 95762
+1 919-800-8033
pamela at chesteklegal
www.chesteklegal.com<http://www.chesteklegal.com/>
On 1/31/2025 4:12 PM, Tara Aaron-Stelluto via E-trademarks wrote:
New scam site – nextmarksolutions dot com – is out lying to our clients about whether they have a registration in an effort to make them pay for another one. My client who received this was understandably annoyed with me.
The domain was just registered on January 13th of this year.
I’ve copied the email below.
*****
I hope you’re doing well. I’m reaching out on behalf of the Legal Department Next Mark Solutions, a private firm specializing in trademark and copyright legal services. We’ve recently received a request from an applicant in North Carolina who wants to trademark a name that is identical to “X" which you are currently using for similar services. Our preliminary investigation indicates that you have been using this business name for quite some time. In accordance with our company policy, we prioritize the rights of established businesses over those of newcomers.
According to the USPTO records, the name “X" is not currently trademarked and does not appear in the United States Patent & Trademark Office database. Legally, if a name isn’t trademarked, it is available for registration by anyone in the U.S., regardless of how long it has been in use. The key factor is the existence of a valid trademark; if another party registers the trademark before you, they will have a legal edge, even if you’ve been using the name longer.
Federal trademark registration grants the holder ownership rights and may limit your ability to use the name “X" They could also take legal action against you, which might lead to claims on any profits you’ve made under that name.
Please let me know if you intend to use this name legally in the future, so I can assist you with the necessary steps. It’s important to remember that, as outlined in the Lanham Act of 1946 (§§ 1051 et seq), federal registration is crucial for establishing ownership rights.
Your prompt attention to this matter is vital for protecting your rights and avoiding any potential legal complications. We look forward to your response.
Best regards,
[Image]
Donald R Joseph
Intellectual Property Attorney
Phone : + 1 (415) 449-4833
Address: 135 Porto Marino, Bel Tiburon, CA 94920-1316
Website: www. Nextmarksolutions. com
Tara Aaron‑Stelluto
Partner
Barton LLP
611 Commerce Street, Suite 2911
Nashville
,
TN
37203
Tel:
615-340-6790
|
Direct Dial:
615-899-4501<tel:615-899-4501>
tstelluto at bartonesq.com<mailto:tstelluto at bartonesq.com>
|
www.bartonesq.com<http://www.bartonesq.com/>
|
bio<https://www.bartonesq.com/attorney/tara-aaron-stelluto/>
|
vcard<https://www.bartonesq.com/vcard?id=4210>
[cid:image005.png at 01DB7659.082DAE60]
This email was originated outside of Barton LLP.
Barton LLP puts security of the firm at a high priority. Therefore, we have put efforts into ensuring that this message is error and virus-free. Unfortunately, full security of the email cannot be ensured as, despite our efforts, the data included in emails could be infected, intercepted, or corrupted. Therefore, we ask that you vigilantly check emails for correct email addresses, and to check with IT if you are unsure about an attachment. The recipient of this email is responsible for reviewing its content and sender to protect Barton LLP from any possible security threat.
This email was originated outside of Barton LLP.
Barton LLP puts security of the firm at a high priority. Therefore, we have put efforts into ensuring that this message is error and virus-free. Unfortunately, full security of the email cannot be ensured as, despite our efforts, the data included in emails could be infected, intercepted, or corrupted. Therefore, we ask that you vigilantly check emails for correct email addresses, and to check with IT if you are unsure about an attachment. The recipient of this email is responsible for reviewing its content and sender to protect Barton LLP from any possible security threat.
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