Leason Ellis Obtains Consent Judgment Against Company For Marketing Of Trademark Catalog

IP boutique obtains judgment against company which charged consumers almost $1,000 for inclusion in so-called catalog of registered trademarks
 
June 19, 2012 - PRLog -- Leason Ellis LLP, an intellectual property law firm located in White Plains, New York, has obtained a final judgment against USA Trademark Enterprises, Inc. of Sarasota, Florida, and its principals.  The judgment was entered by the Hon. Edgardo Ramos of the United States District Court for the Southern District of New York.

The multi-count Complaint alleged that defendants had engaged in false advertising and unfair competition by marketing a catalog of trademark registrations, which offered no commercial value as the published information is freely available in the online records of the U.S. Patent and Trademark Office (“USPTO”).  The Complaint further alleged that defendants were confusing consumers into believing that the catalog was legitimate by sending unsolicited notices designed to make it appear as though USA Trademark Enterprises was an official government enterprise.  

Although USA Trademark denied wrongdoing or liability, the judgment permanently enjoins it from selling the catalog again.  It also bars the company from ever engaging in trademark or intellectual property-related activities in the United States.  

According to Martin Schwimmer, lead attorney for Leason Ellis in the case, and author of the well-known Trademark Blog: “Our lawsuit and its successful outcome have shined a bright light on a disreputable practice which preys on unsuspecting trademark owners.”  Schwimmer notes that since the lawsuit was filed, the USPTO has started sending trademark registrants warnings about trademark-related solicitations.  The Office has also even contacted a company doing business under the name “United States Trademark Registration Office” and received assurance that the company has ceased sending solicitations under that name.

The judgment further requires that USA Trademarks pay $10,000 to Leason Ellis.  According to Schwimmer, the firm intends to donate the funds to the USPTO: “It is our desire that the Patent and Trademark Office use the monies to continue its efforts to educate trademark owners about such scams and to pursue those who perpetrate them.  Trademarks epitomize goodwill and trust, so it undermines the system when those looking to protect their marks are victimized by others seeking to unjustly exploit the registration process.”  

About Leason Ellis

Leason Ellis prides itself in delivering value to its clients by providing intelligent and unexpected solutions to the legal challenges that they face.  Clients of the firm benefit from the years of experience cultivated by professionals from established intellectual property firms.  We invite you to contact us and learn more about our experience and personalized approach to intellectual property law and management.
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