Vermont AG Elicits Settlement with "Patent and Trademark Agency, LLC"

AG Sorrell looks nice...

Back in May, Vermont's Attorney General William H. Sorrell took a tough stance on a patent troll called MPJH, which Mr Sorrell accused of harassing Vermont residents by threatening them with patent infringement lawsuits that MPJH had not reasonably substantiated.

Now Mr Sorrell again defends his local residents against deceptive practices undertaken by companies leveraging IP rights.  In this instance, the AG's target was a New York-based company called Patent & Trademark Agency, LLC (PTA).  PTA sent letters to numerous businesses, including many located in Vermont, offering to renew their trade marks for a charge of between $985 and $1750.  The PTA fee is substantially higher than the cost of renewing a trade mark directly with the United States Patent and Trademark Office (USPTO).

The USPTO itself took issue with the actions of PTA, noting that the letters PTA sent to its targets had “a tendency to confuse recipients into thinking [PTA] is a U.S. Government entity.”  Among the confusing aspects of PTA's activities were its use of the letter recipients' official federal trade mark filings on record with the USPTO and a website design that utilized similar layout, fonts and color schemes to that of the USPTO's website.  PTA has since redesigned its website in response to the USPTO objections.  [Notes Merpel, it's good to know that the USPTO defends its own intellectual property, especially to protect businesses from parties acting unscrupulously.]

...but he's on a mission to
crush IP trolls.

AG Sorrell, responding to complaints from Vermont businesses that had received the PTA's letters, argued that the PTA's actions violated the Vermont Consumer Protection Act.  Ultimately, PTA agreed to a settlement under which it would refund all fees paid by Vermont businesses and pay $10,000 to the State of Vermont as a civil penalty and to cover the State's costs in the matter. 

Perhaps other state attorneys general should take notice and ensure that the PTA is no longer sending their local businesses similarly confusing and deceptive letters regarding trade mark renewals.