The multi-count Complaint alleges that defendants have engaged in false advertising and unfair competition by marketing a catalog of trademark registrations, which offers no value as the published information is freely available in the online records of the U.S. Patent and Trademark Office. Defendants are further confusing consumers into thinking that the catalog is legitimate by sending unsolicited notices designed to make it appear as though USA Trademark Enterprises, Inc. is an official government enterprise or otherwise affiliated with any entity associated with the trademark registration process.
According to Martin Schwimmer, lead counsel for Leason Ellis in the case, and author of the well-known Trademark Blog, “our clients are routinely receiving bogus notices from companies like USA Trademark Enterprises. Unbelievably, USA Trademark Enterprises even sent a notice to us when we registered our firm’s logo. They are obviously mining the records of the USPTO and targeting novice trademark registrants who can be mistakenly led to believe that the catalog has any legitimate public notice value.”
Adds Schwimmer, “We are concerned that U.S. trademark registrants receiving these solicitations have actually handed over money for what amounts to mere public notice services – a benefit already bestowed upon a U.S. trademark registrant as a matter of law. Anyone who has done so should immediately contact competent trademark counsel concerning those transactions. Of course, we are also interested in speaking with them about their experiences as they are likely relevant to our case.”
David Leason, Managing Partner of Leason Ellis, said “by targeting our clients and us, USA Trademark Enterprises has interfered in our business and cast a shadow over the legitimacy of trademark-related communications. In filing suit, we are out to protect our clients, our business, and the integrity of the trademark process from predatory and deceptive marketing.”
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Leason Ellis is a full service intellectual property law firm, located in White Plains, New York, handing patent, trademark and copyright matters.