Legal Question in Intellectual Property in Vermont
May a inventer who seeking services from an misleading advertising patent attorney be covered by the Lanham Act of Title 15 U.S.C. 1125(a), when the attorney misleaded him to believe that he was a patent attorney, able to represent him before the USPTO. in Virginia, but to discover that he wasn't registered to provide such service? To my understanding, the Act doesn't allow consumers to sue, but doesn't specify whether inventers may who seeking services from a misleanding patent attorney.
1 Answer from Attorneys
No. You are confused. The Lanham Act only deals with trademarks, thus it is also called the Trademark Act. Misrepresentation of the nature or quality of services which could be rendered by an attorney is not trademark infringement unless the attorney is using a confusingly similar name to another reputable service and thereby confuses the public. This cause of action for trademark infringement could be brought by the owner of the trademark.
The problem may be a matter of professional responsibility which would be governed by the rules regulating the bar of Vermont (or the state where the attorney is licensed to practice). If you paid the attorney for services which were not rendered, and the attorney refused to refund your money, you may have a cause of action for refund of your money.
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