LEASON ELLIS OBTAINS CONSENT JUDGMENT AGAINST COMPANY FOR MARKETING OF TRADEMARK CATALOG
We have obtained a final judgment in our case against USA Trademark Enterprises, Inc. of Sarasota, Florida. The judgment was entered by the Hon. Edgardo Ramos of the United States District Court for the Southern District of New York. 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. The Complaint had 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. 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. According to Marty Schwimmer: "Our lawsuit and its successful outcome have shined a bright light on a disreputable practice which preys on unsuspecting trademark owners." The judgment further requires that USA Trademarks pay $10,000 to Leason Ellis. We intend to donate the funds to the USPTO to be used to help educate trademark owners about such scams and to pursue those who perpetrate them.
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