- Report: #1478773
Complaint Review: Colleen Devanney Attorney with Vorys Lawfirm - Cincinatti Ohio
Reported By:
Defeat Trademark Bullies -
Plano, Texas, United States
Submitted:
Updated:
-
Author Confirmed
Why?
Colleen Devanney Attorney with Vorys Lawfirm
301 East Fourth Street, Suite 3500 Cincinatti, 45202 Ohio, United States
Phone:
513.842.8123
Web:
https://www.vorys.com/devanney
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Colleen Devanney, Attorney with Vorys Lawfirm Colleen Devanney is a Trademark Bully Who Sends Baseless Cease and Desist Letters, Alleging Trademark Infringement, To 3rd Party Online Sellers of National Branded Items Cincinatti Ohio
Received a Cease & Desist letter from this attorney and the Vorys Lawfirm. The letter demanded I immediately stop selling PopSockets branded items on Amazon. Her letter accused us of trademark infringement and selling counterfeit PopSockets. She further threatened, in the letter, to sue me if I don’t cease and desist the sale of PopSockets items.
The letter was completely baseless and had no factual or evidentuary basis. The letter amounted to a fishing expedition and trademark bullying. How can we be selling counterfeit PopSockets that we legally obtained thru retail arbitrage and have every right to sell on Amazon and are protected by the “Right of First Sale Doctrine”?
The letter Connie sent to us threatening a lawsuit, if we don’t comply with her baselees demands, is clearly dangerous and unethcal for an attorney to send. In a trademark dispute, especially a baseless dispute, the written hreat of litigation by an attorney in a letter satisfies the controversy element for the party receiving the letter to file suit for declaratory judgement.
The party can request the following in the suit:
1) Have the court order the plantiff has done absolutely nothing wrong and has infrnged on no trademarks.
2) Ask the court to invalidate the brands trademark rights because the brand is a trademark bully and is asserting rights they do not have and abusing their trademark rights.
3) if suit has been filed, the court can order the suit to be baseless and frivolous. This ruling opens the attorney to professional disciplinary action if plantiff files a grievance with the respective state disciplinary counsel.
In my opinion, this attorney has a complete disregard for her law license, reputation and ethics and will trademark bully any small online 3rd party seller who can make the Vorys Lawfirm a quick buck. If you receive a cease & desist letter from this attorney or Vorys Lawfirm, have done nothing wrong, acquired your branded products legally and are protected under the “Right of First Sale Doctrine”, do the following:
1. File a grievance against the attorney with the Ohio Supreme Court Disciplinary Counsel.
2. You have no obligation to respond to the letters so do not let them scare or intimidate you. The only time you must respond to anything or answer if when the paper has a judge’s signature or court official’s signature on it.
3. If you want to respond to the bullying letter, you can tell the attorney the letter constitutes trademark bullying, is baseless and they can take the letter, roll it up like a newspaper and shove it up their a..
