08/26/2025
Beware of Unethical Trademark Solicitations!
Having worked at both a top national firm and now running my own boutique practice, I’ve seen the pressure small law firms face to stand out in a crowded market. Too often, some don’t rise to the challenge with better service—they resort to tactics that are not just unethical, but downright predatory.
I want to share two recent examples that illustrate the problem, and hopefully help small business owners and entrepreneurs recognize the red flags:
Example 1: The 48-Hour Ultimatum.
A company accidentally let its trademark lapse. The very next day, a lawyer called them claiming he had another client ready to file for the same mark—unless they hired him within 48 hours. If true, that’s a clear conflict of interest. If false, it’s a manufactured scare tactic. Either way, the behavior is highly unethical! Fortunately, the company recognized the red flags and sought proper legal guidance from us.
Example 2: The Scare Text.
My firm received a text about a mark we had intentionally abandoned for a client long ago. It warned that a “new applicant” was filing and urged us to “act within 24 hours” (see attached). This was nothing more than unethical, fear-based marketing—and when directed at a company already represented by counsel (in this case, me), it also violated additional core ethical rules.
Why this matters: These tactics create conflicts of interest, exploit fear, and pressure business owners into rushed, often harmful decisions.
If you receive a threatening email, call, or text about your trademark, pause before reacting. Outreach emails can be a legitimate and ethical way for lawyers to introduce their services. What crosses the line are scare tactics—ultimatums, false urgency, or claims of representing someone else as leverage.
A good lawyer offers clear guidance and real options, not pressure or fear.
