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Trademark Mail Fraud Indictment in California

| Catherine HollandJeff Van Hoosear

Some companies have attempted to trick trademark filers into paying fees for unnecessary services by making their solicitations closely mimic the look of official government documents.

As part of the ongoing effort to prevent companies from these deceptive practices, Artashes Darbinyan, 35, of Glendale, California, was charged in the Central District of California with 12 counts of mail fraud and four counts of aggravated identity theft for his role in a mass-mailing scam targeting holders of U.S. trademarks. According to the indictment, the alleged offenses, conducted under the name “Trademark Compliance Center,” resulted in ill-gotten proceeds of $1.85 million.

To avoid being a victim of such fraudulent practices, trademark owners should thoroughly review all correspondence they receive regarding their trademarks, and confirm it is from their own attorney, or from the US Patent and Trademark Office. All official USPTO physical mail will come from the “United States Patent and Trademark Office” in Alexandria, Virginia, and all official email correspondence will be from the domain “@uspto.gov.” If trademark owners receive notices concerning their U.S. trademark from any other source, or if they are asked to make payments to any entity except their own attorney or the USPTO, the trademark owner is being scammed.

Although the USPTO cannot assist trademark owners who have been misled into paying money or signing up for services based on a misleading communication, they are encouraged to contact the Federal Trade Commission (FTC) and their state’s consumer protection authorities. These agencies have the authority to file complaints against companies engaged in deceptive practices directed toward state residents.

Read more in the INTA Bulletin >>