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SCAMPULSE
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Phishing Scam
From: [email protected]
Sent: Thursday, December 5, 2024 4:30 PM
Subject: Trademark Conflict, immediate action required
Dear Annie
I hope you’re doing well. I’m reaching out on behalf of the Legal Department Elite mark group, 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 “HP Ingredients" 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 “HP Ingredients" 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 “HP Ingredients" 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,
Mathew john
Intellectual Property Attorney
Phone : + 1 (650) 772-6702
Address: 2101 Webster St Ste 1500, Oakland, CA 94612-3056
Website: www. elitemarkgroup. com
Scammer's website www.elitemarkgroup.com
Scammer's address 50 Pine St Unit 407, Edmonds, WA 98020, USA
Scammer's email [email protected]
Country United States
Victim Location FL 33613, USA
Type of a scam Phishing
----------------------------------------- Email #1
Subject: Trademark Conflict, immediate action required
**** ****** I hope you’re doing well. I’m reaching out on behalf of the Legal Department at Elite Mark Group, 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 “Streamer" 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 “Streamer" 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 “Streamer" 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,
Richard S Michaels
Intellectual Property Attorney
Phone : + 1 (917) 540-4406
Address: 50 Pine St Unit 407, Edmonds, WA 98020-4205
Website: www. elitemarkgroup. com
--------------------------------------------------------------------------- Email #2
Subject: Final Confirmation Required: Urgent Action Needed for Trademark Registration of Your Business Name
**** ***** Trust this correspondence finds you in good health.
This serves as our conclusive attempt to communicate with you regarding the formal registration of the business name "Streamer" Failure to receive your confirmation for registration by the end of today will necessitate our progression with an alternative applicant by tomorrow, potentially resulting in the forfeiture of your entitlement to utilize the “Streamer".
In adherence to our meticulous trademark registration procedures, we conduct comprehensive assessments on search engines and social media platforms to ascertain the distinctiveness of the brand name. Absent confirmation from the current user within the specified 24 to 48 business hours, we will proceed with the interested party's registration.
Trademark conflict constitutes a breach of civil laws, with potential repercussions involving court-ordered cessation of trademark usage. Furthermore, financial restitution may be mandated, encompassing the surrender of profits derived from the infringing use or payment of monetary damages. The penalties for trademark infringement may include injunctive relief or the issuance of a cease-and-desist directive.
Recognizing your historical utilization of the brand for an extended period, we acknowledge the possibility of exercising discretion in refraining from legal proceedings with the alternate party, particularly if they represent a startup entity. If your intention is to assert ownership of the business name "Streamer," a swift response is imperative to facilitate guidance through the registration process.
Your immediate attention to this matter is appreciated, and we anticipate your expeditious response.
Thanks & Regards,
Richard S Michaels
Intellectual Property Attorney
Phone : + 1 (917) 540-4406
Address: 50 Pine St Unit 407, Edmonds, WA 98020-4205
Website: www. elitemarkgroup. com