[E-trademarks] New scam site - nextmarksolutions

[Judith S]

This attorney does exist per CalBar:
https://apps.calbar.ca.gov/attorney/Licensee/Detail/103485

However, per his LinkedIn, he appears to be a former GC, not a trademark
counsel: https://www.linkedin.com/in/donjoseph/

I have a second level connection to him, and could reach out to see if he
is affiliated with these turds.

Judith

On Fri, Jan 31, 2025 at 7:13 AM Tara Aaron-Stelluto via E-trademarks <
e-trademarks at oppedahl-lists.com> 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: 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
>
> tstelluto at bartonesq.com
>
>  |
>
> www.bartonesq.com
>
>  |
>
> bio <https://www.bartonesq.com/attorney/tara-aaron-stelluto/>
>
>  |
>
> vcard <https://www.bartonesq.com/vcard?id=4210>
>
> --
> E-trademarks mailing list
> E-trademarks at oppedahl-lists.com
> http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
>
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