[E-trademarks] New scam site - nextmarksolutions
Carl Oppedahl
carl at oppedahl.com
Fri Jan 31 19:36:30 UTC 2025
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
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>
>
> ,
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>
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> TN
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>
>
>
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> 37203
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> Tel:
>
>
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> 615-340-6790 <fax:615-340-6790>
>
>
>
> |
>
>
>
> Direct Dial:
>
>
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> 615-899-4501 <tel:615-899-4501>
>
> tstelluto at bartonesq.com <mailto:tstelluto at bartonesq.com>
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> |
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>
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> www.bartonesq.com <http://www.bartonesq.com/>
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> |
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> bio <https://www.bartonesq.com/attorney/tara-aaron-stelluto/>
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> |
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> vcard <https://www.bartonesq.com/vcard?id=4210>
>
> *From: *E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on
> behalf of Pamela Chestek via E-trademarks
> <e-trademarks at oppedahl-lists.com>
> *Date: *Friday, January 31, 2025 at 10:46 AM
> *To: *e-trademarks at oppedahl-lists.com <e-trademarks at oppedahl-lists.com>
> *Cc: *Pamela Chestek <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 13^th 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>
>
>
>
> *
>
> 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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