Domain Name and Trade Mark Scams: Don’t Be Pressured Into Acting
Published byAngus MacLeod
Fraudsters are becoming increasingly sophisticated in the way they target businesses. While fake domain name and trade mark invoices have been around for years, we are now seeing scams that use legal terminology, references to intellectual property law, and even fraudsters impersonating real solicitors to create a false sense of urgency.
A common tactic is to contact a business claiming that a third party is about to register a trade mark or domain name that matches, or is similar to, the business's trading name. The recipient is told that urgent action is needed to protect their rights.
Recently, a business owner we know received what appeared to be a formal legal notice from an organisation claiming to specialise in trade mark matters. The email referred to UK trade mark legislation, suggested that another party was preparing to register a similar name and demanded a response within 48 hours. It also offered to file a trade mark application on the recipient's behalf.
At first glance, the communication looked genuine. It contained legal references, professional language and solicitor details. However, the combination of a short deadline, alarming warnings and an offer of paid services are all hallmarks of a potential scam.
The aim is simple: create pressure and encourage the recipient to act before carrying out proper checks.
Similar approaches are used in relation to domain names. Businesses receive invoices for renewals they did not request or warnings that another party wishes to register a similar domain. The recipient is then encouraged to purchase domains or protection services, often at inflated prices.
UK Intellectual Property Office advice
The UK Intellectual Property Office (UKIPO) is aware of these practices and has published guidance warning businesses about misleading invoices and unsolicited intellectual property-related communications. The UKIPO advises businesses not to make payments without first checking the legitimacy of the request.
If you receive a suspicious invoice, demand or notice, the UKIPO recommends sending a copy to misleadinginvoices@ipo.gov.uk for review.
Businesses should also consider reporting suspected scams to the police and their local Trading Standards office. In Scotland, this may include using Police Scotland's online reporting facilities.
Tips to help identify scams
A few simple precautions can reduce the risk:
· Be wary of unexpected trade mark or domain name correspondence.
· Treat short deadlines with caution.
· Verify the sender’s credentials independently.
· Do not rely solely on contact details contained in the email.
· Never make payments without checking the legitimacy of the request.
· Seek independent legal advice if in doubt – we’re always happy to help.
Your brand, trade marks and domain names are valuable assets. Taking a few minutes to verify an unexpected communication could save significant cost and inconvenience, and head off a potential fraud.
