In a concerning development, the authority that regulates the Australian and New Zealand IP professions, the Trans-Tasman IP Attorneys Board (TTIPAB), has warned attorneys about an ongoing scam involving the impersonation of registered IP attorneys to defraud IP rights owners. Specifically, the TTIPAB has warned that ‘IP Australia became aware of a scam that is currently circulating, where applicants are pressured into filing a trade mark via emails fraudulently purporting to be from a well-known registered attorney.’ Of course, this type of scam could easily target any type of IP right. The threat is particularly worrying because it undermines one of the traditional safeguards against IP-related scams – checking whether correspondence comes from a registered attorney.
While I have not seen the emails in question, it appears that what makes this new scam especially disturbing is that the fraudsters are not simply creating fictitious firms, attorneys, or official-sounding registration authorities, but are actually impersonating a real registered attorney. Since the Register of Patent and Trade Marks Attorneys is publicly accessible, scammers can easily obtain legitimate attorney details to make their communications appear more credible.