I Filed a Trademark for My Songwriting and Scammers Flooded My Mailbox. Here’s How I Fought Back.
I Filed a Trademark for My Songwriting and Scammers Flooded My Mailbox. Here’s How I Fought Back.
As a songwriter, there are few things more exciting than taking a real step to protect your brand. A few weeks ago, I did just that by filing a U.S. Trademark for "RUSSELL NOMER MUSIC WHERE IDEAS BECOME ANTHEMS"
The excitement, however, was quickly overshadowed by a flood of official-looking mail. Invoices started arriving, demanding large payments for my new trademark. But as a cybersecurity professional with a CISSP certification, I knew something was wrong. These weren't legitimate bills; they were masterclasses in deception sent by predatory companies hoping to cash in on my excitement.
Today, I’m taking off my songwriter hat and putting on my cybersecurity one to dissect these scams for you and to eviscerate them.
Meet the Scammers: PSO and STP
The two boldest offenders that landed in my Plainview, NY, mailbox were from companies named
PSO and STP
At first glance, they look alarmingly official. They both used the title "Trademark Publication"
PSO demanded a "Total fee" of $1,450.00
and directed payment to an address in Bluffton, SC . STP demanded a "Total Fee" of $1,460.00
and directed payment to an address in Fresh Meadows, NY .
They create a sense of urgency, asking for payment within 10 days
A Cybersecurity Pro's Takedown
These documents are a perfect case study in social engineering. They are designed to exploit trust and create confusion. Here’s the breakdown of their tactics.
The "Fine Print" Defense
The trick lies in the fine print. Buried in a paragraph of text, both companies include their "get out of jail free" card.
PSO states, "This communication is a proposal... and is not an invoice"
. STP says, "This is an offer for entry into our database... This is not an invoice"
.
They also clarify that their service is a "private publication" that is not affiliated with any government agency
The Worthless "Service"
So, what are you actually paying for? Both companies offer to list your brand in their private, non-governmental online database
zero value for your official trademark registration and provides no legal protection. Worse, paying them locks you into an "irrevocable" three-year contract
How to Protect Your Brand
As a cybersecurity professional, I am happy to put myself out there as bait so that others don't get taken. But you don't have to. Here are the simple steps to protect yourself.
Know Who You Pay: All official fees for a U.S. trademark are paid directly to the "United States Patent and Trademark Office" or "USPTO." Period. Never make checks payable to a private company like PSO or STP for registration fees.
Read Every Single Word: Before paying any invoice, read the entire document. Look for the key phrases: "This is not an invoice," "This is a solicitation," and "We are not a government agency."
Check the Official Source: The USPTO is aware of these scams and maintains a list of known offenders and examples. When in doubt, check their website first.
Report Them: You are not helpless. I have sent formal complaints to the U.S. Postal Inspection Service, the FTC, and the relevant State Attorneys General. If you receive these letters, do the same.
By taking these steps, you can ensure that your hard-earned money goes toward building your brand, not lining the pockets of scammers. Stay vigilant.
The Legal Takedown: Which Laws Are These Scams Breaking?
Disclaimer: I am not an attorney and this is not legal advice. This analysis is for informational purposes based on my review of the documents as a cybersecurity professional.
The solicitations from STP and PSO aren't just unethical; they appear to violate several federal and state laws. Their entire design is predicated on creating a misleading impression to solicit payment. Here are the specific laws they appear to be breaking.
Federal Violations
Mail Fraud (18 U.S.C. § 1341): This is likely the most direct violation. The law makes it illegal to use the mail for a "scheme or artifice to defraud." These solicitations demonstrate key elements of such a scheme, including a deceptive appearance (using titles like "Trademark Publication"
and your specific application number ), and a misleading offer (soliciting substantial fees of $1,460.00 for STP and $1,450.00 for PSO for a worthless listing in a private database ). Unfair or Deceptive Acts (FTC Act, Section 5): The Federal Trade Commission prohibits "unfair or deceptive acts or practices." The FTC has consistently pursued companies that send solicitations designed to look like government invoices, and these documents fit that pattern perfectly.
False Advertising (The Lanham Act, 15 U.S.C. § 1125(a)): This federal trademark act prohibits false or misleading descriptions of services. By implying their "publication" service is a necessary part of the trademark process, STP and PSO misrepresent the nature of their services.
State-Level Violations
New York General Business Law § 349 & § 350: Since the solicitations were received in New York
, you are protected by these state laws prohibiting deceptive acts and false advertising. Furthermore, STP operates from Fresh Meadows, NY , making it directly subject to these statutes. South Carolina Unfair Trade Practices Act: Because PSO lists its address in Bluffton, South Carolina
, it is subject to that state's consumer protection laws.
What About Their "Fine Print" Defense?
The companies include language like "This is not an invoice"
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