Description

The scammer first contacted my boss on Friday, Jan 12, 2024 with the following message [excerpts below]: "This is our final attempt to reach out to you regarding the registration of the brand name '******** ********** ***..' If we do not receive your confirmation for registration today, we will proceed with the other applicant by tomorrow, potentially leading to the loss of your right to use the brand name '******** ********** ***.' ... If we don't receive confirmation from the current user (within 48 to 72 business hours), we move forward with the party interested in registering the name. ... Trademark infringement is prosecuted under civil laws, lawsuits over trademark infringement will usually require you to stop using the trademark... The most common penalty for trademark infringement is an injunction or a cease-and-desist letter ... Trademark infringement lawsuits can cost on average anywhere between $120,000 to $750,000 depending on the complexity of the case. Understanding that you have been using the brand for an extended period, we have the flexibility to decline proceedings with the other party, especially if they are a startup company. If you are interested in securing ownership of the brand name "******** ********** ***." kindly respond urgently so that we can guide you through the registration process. ... You can reach me at 213-297-1164" (Note the phone number giver was different than the one in the scammer's signature) My boss responded: "The ******** ********** ***. has been our registered company name for over 20 years. You may NOT use or trademark this name for another interested party. Also, I have no record of you reaching out to me regarding this matter." The scammer responded [excerpt]: "...as per the law if the name is not trademarked, it is considered as an open entity that can be registered or trademarked by anyone around the United States, it doesn’t matter for how long a company has been using the name..." I contacted the scammer by phone (using the number listed in the above excerpt) and spoke with them, asking whom they had spoken with, and when. The scammer then changed their story and said they tried reaching out to "***** ****** at ******** ***" -- a separate company run by my boss's old business partner, neither of whom have been associated with our company, ******** *********, for several years. After clarifying these points, I got verbal confirmation from the scammer that they were not actually interested in ******** *********, and acknowledging that 1/12/2024 was their first ever attempt to contact our company. I followed up with an email reiterating the details of our phone call point-by-point. On Monday, 1/15/2024, my boss received another email [excerpt]: "As per our conversation, I am reaching out in order to take your final words? Are you willing to trademark the brand name '******** ********** ***.' ...I already shared the details and everything with you, once the application is filed with the USPTO for the applicant then we will not be able to file the application for you.... We will not be held responsible for any damages or litigation that may result from them from court. As we have given you the option to register it as your own, you would be ultimately accountable for everything... if we will not hear from you, we will proceed with application filing for the other applicant... You can reach me at 213-441-0801." (A different phone number than before.) We have not responded.