Colorado Man Stole Lawyer’s Identity To Create Fictional Online Law Firm: Criminal Complaint

Michael E. McCabe, Jr.Fraud, Internet Scams, Lawyer Identity Theft, Unauthorized Practice of LawLeave a Comment

Prosecutors in Eagle County, Colorado have filed a five-count criminal complaint against Dak Steiert, alleged mastermind behind a fictitious IP law firm.  According to state prosecutors, Steiert stole the identities of a real patent lawyer and two others to create a fake law firm which he used to lure unsuspecting inventor “clients” into paying thousands of dollars for patent applications … Read More

Owner Of Phony Patent Law Firm Wants Colorado UPL Case Dismissed

Michael E. McCabe, Jr.Unauthorized Practice of Law2 Comments

The owner of a fake IP law firm that is being sued in Colorado for allegedly engaging in the unauthorized practice of law has filed a motion to have the case dismissed for alleged lack of subject matter and personal jurisdiction. Dak Steiert, the owner of “Intelligent Patent Services,” which purports to be a “patent law firm,” is the subject … Read More

May The LegalForce Be With You: California IP Firm Sues To Stop LegalZoom’s Unauthorized Practice Of Trademark Law

Michael E. McCabe, Jr.Antitrust litigation, LegalZoom Ethics, PTO Ethics Decisions, Trademark ethics, Unauthorized Practice of Law4 Comments

A California IP law firm today filed a lawsuit in federal court seeking to stop LegalZoom for what it alleges are the on-line company’s pervasive and unabated unauthorized practice of trademark law (UPL), in violation of the Rules of Professional Conduct, antitrust law, and state and federal unfair competition law, among other causes of action. LegalForce RAPC Worldwide, P.C. (“LegalForce”), … Read More

Fake Law Firm Misappropriated Practitioners’ Identities To Deceive Inventors: Complaint

Michael E. McCabe, Jr.Unauthorized Practice of Law9 Comments

From its website, “Intelligent Patent Services, LLC” (or IPS) appeared to have all of the trappings of a legitimate patent law firm.  The website included lots of content to back its self-proclaimed status as a “Patent Law Firm.”  The website boasted of supposed connections with legitimate organizations, claiming  its co-founders worked for Stanford University’s Office of Technology Licensing. Dak Steiert, … Read More

Breadth Of PTO Ethics Opinion Could Alter How IP Firms Interact With Foreign Associates

Michael E. McCabe, Jr.Communications, Competence, Conflicts of Interest, Patent Ethics, PTO Ethics Rules, Unauthorized Practice of LawLeave a Comment

This post is the last of a three-part series reviewing how the USPTO interprets and applies its ethics rules to IP practitioners who represent patent and trademark clients through non-practitioner intermediaries. Where Are We Now: Evolution of PTO Ethics Opinions Thirty years ago, the PTO issued (in 1987 and 1988) ethics opinions regarding very discrete questions concerning two aspects of … Read More

Better Late Than Never: PTO Updates, Expands Ethics Advice On Client Intermediaries

Michael E. McCabe, Jr.Communications, Competence, Conflicts of Interest, Invention Promoters, Office of Enrollment and Discipline, Patent Ethics, PTO Ethics Decisions, Unauthorized Practice of LawLeave a Comment

This post is the second in a three-part series reviewing how the USPTO interprets and applies its ethics rules to U.S. patent and trademark practitioners who represent clients by working through non-practitioner client intermediaries. In re Mikhailova and USPTO’s Expanded Ethics Guidance Three decades after the OG Notices, the USPTO published a final order in the matter of In re … Read More

PTO Suspends PTAB Atty Who Filed Multiple TM Apps For Cannabis Client

Michael E. McCabe, Jr.Conflicts of Interest, Unauthorized Practice of Law, USPTO Director Decisions, USPTO Ethics InvestigationLeave a Comment

The USPTO has suspended a PTO-employed attorney for thirty (30) days for practicing trademark law before the Office for private clients, in violation of federal conflicts of interest laws.  See In re Tara K. Laux, Proc. No. D2016-39 (USPTO Dir. Mar. 9, 2017).  According to a settlement agreement reached with the OED Director, attorney Tara Laux, who has worked at … Read More

District Court Affirms PTO’s Disbarment Of Patent Agent Who Practiced TM Law

Michael E. McCabe, Jr.Patent Agent, Petition to E.D. Va., Unauthorized Practice of LawLeave a Comment

On February 27, 2017, the U.S. District Court for the Eastern District of Virginia affirmed a decision by the USPTO Director excluding a registered patent agent from practice before the USPTO because the agent practiced trademark law. Factual Background Bang-er Shia became a registered patent agent in 2005; she has never been admitted to the bar of any court as … Read More