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Text Copyright John L. Welch 2021.
Thursday, August 12, 2021
What Firms/Lawyers Represent Opposed Applicants Most Frequently (2018-2021)?
The folks at the data-mining firm, Towergate Software, have provided me with the following data regarding the law firms or lawyers most frequently appearing as counsel for the applicant in trademark opposition proceedings, for each year since 2018. Do you see any trend here? (click on picture for larger and clearer image).
Based on our unsuccessful attempts to reach "Jeffrey S. Firestone," including communicating with another law firm whose email addresses he used on a trademark application despite not being affiliated, we are pretty sure he is a made up person that foreign entities are using to file trademark applications. We informed the Board after we were unable to reach him for a discovery conference, and he then did not show up to the Board-ordered conference.
ReplyDeleteOur firm has also filed a request for investigation with the Illinois State Bar. If anyone else has had a similar experience opposing this ghost attorney, or having your firm's email addresses used for one of his nearly 6,000 trademark applications, please also inform the Board and the Illinois State Bar: https://www.iardc.org/howtorequest.html.
Firestone appears to be a real person, he's listed as admitted in Illinois at https://www.iardc.org/lawyersearch.asp, and he was involved in this litigation: https://www.leagle.com/decision/infdco20180920763. Which isn't to say he's acting as anything more than a conduit for applications.
ReplyDeleteI'm curious what will be accomplished by reporting a non-existent attorney to a state's bar. What needs to happen is that the Office needs to get control of this. We've also dealt with oppositions against apparently non-existent mark owners and sketchy "attorneys." It is a big, big problem. The question is whether anyone at the Office is paying attention.
ReplyDeleteWhen clearing a mark recently I came across an attorney using the address of a NYC mail drop office. According to USPTO he manages a portfolio of some 28,000 1A applications/registrations filed on behalf of clients in the world's second largest economic power, including >500 applications filed on December 31, 2020. Lawfare: the misuse of a legal system against an enemy.
ReplyDeleteNew York requires a physical location. The use of a mail drop is not permitted and should be reported
ReplyDelete