OED Investigates TM Attys Who File Altered Or Fake Specimens: The China Syndrome

Michael E. McCabe, Jr.Communications, Competence, Legal Ethics, Office of Enrollment and Discipline, Trademark ethicsLeave a Comment

What does the Chinese government’s decision to pay its citizens to apply for and register trademarks with the USPTO have to do with IP attorney ethics?   Plenty, as it turns out. As recently reported by the American Bar Association, see article doctored-trademark-specimen, the USPTO is experiencing “a plague of fake, doctored and digitally altered specimens” filed with new Section 1(a) … Read More

Get Out Of Town: The Ethical Perils Of Outsourcing IP Services

Michael E. McCabe, Jr.Competence, Confidentiality, IP Ethics, Outsourcing, Patent EthicsLeave a Comment

Many IP lawyers engage other lawyers or nonlawyers as independent contractors, directly or through intermediaries, to provide various legal and nonlegal support services. The outsourcing market, often referred to as the “legal process outsourcing” market or “professional employer organization” market, is a multi-billion dollar industry. While there is nothing per se unethical about a lawyer outsourcing legal and non-legal services, ethical … Read More