- with Inhouse Counsel
- with readers working within the Business & Consumer Services and Insurance industries
Recently, my name was used as a part of a scam. Sadly, I am not unique. In fact, I joined a long list of intellectual property practitioners whose personal names have been used as a part of the same kind of scam. But the scam is not about me (or any of my IP colleagues for that matter). It’s about you. In particular, it’s about getting you sufficiently flustered so that you will quickly part with your money to solve a non-existent issue before you figure out what’s going on.
The scam plays out as follows:
You receive an unexpected phone call, an “urgent” e-mail, or some other form of communication out of the blue. The communication: (i) refers to a non-existent (or existing) urgent patent or trademark matter that requires your immediate attention; (ii) includes some information about you or your business that is publicly available; (iii) demands that you take immediate action or face negative consequences; and (iv) features the name of an intellectual property lawyer, patent agent, or trademark agent in the signature block.
Hook, line, and sinker.
The problem, of course, is that such communication was not sent by the intellectual property lawyer, patent agent, or trademark agent. Rather, the communication was sent by an unscrupulous actor. And by the time you realize that you’ve been scammed, you may have already parted with some of your money (and some of your pride).
The scam is not new. It has been floating around in one form or another for a few years now. Various governing/regulatory bodies have reported on this issue. For example:
- the Law Society of British Columbia issued a bulletin on this issue in November 2024;
- the Intellectual Property Institute of Canada issued a news release on this issue in December 2024;
- the College of Patent Agents & Trademark Agents issued its own public announcement on this issue in January 2025, and updated this announcement in May 2026;
- the Canadian Intellectual Property Office issued a public reminder on this issue in late April 2026.
This bulletin merely joins a long list of reminders.
We are in an era where deepfake and voice cloning technologies are one download away. The world is fast-paced. We are constantly “on the go.” We put out one fire only to realize that there are more fires to put out. In a moment of haste, it is tempting to throw money at a problem to make it “go away.” But it is also important to take a deep breath, reset and recalibrate, and think critically – especially in times of stress or when emotions are riled up.
If in doubt about an unexpected legal issue, call your lawyer for a gut check. Pause and think. Do your due diligence. I hope that you don’t get scammed.
And if you receive an unexpected email bearing my name in the signature block, remember that you can always double check my up-to-date contact details in the professional directories of the Law Society of British Columbia and the College of Patent Agents & Trademark Agents. Just type my surname into the search fields of those directories and hit the “search” button. You will find me.
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
© McMillan LLP 2025
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