There are several variations on this one but what makes it special is that they will often times send a retainer and then will have PPP loans wired to your trust account. They also will set up websites and email addresses. This is more sophisticated than most so here is hoping you googled this before getting sucked in.
How are you doing today, I hope all is well and you are keeping safe amidst this COVID-19 pandemic?
Thanks for your response to my email.
This is an official request for your services on behalf of my Company towards the enforcement of our intellectual property rights.
My Company is currently in contract with a company known as Marcsmart Software Solutions Inc. and as such have a valid agreement contract for the production of scanning chips and codes to be used for packaging and shipping of all sorts of general supplies and merchandise to customers in the US.
These chips and codes are embedded and preloaded with our proprietary software codes in Spanish but equipped with a language translator (Spanish to English) and are shipped to Marcsmart Software Solutions Inc. at their ground office 507 3rd Ave, Oregon City, Oregon 97045, USA
As our business thrived with Marcsmart Software Solutions Inc. and seeing the need to cater to a higher demand of our scanning chips and codes we opted to embed them with an English version of our proprietary software codes to avoid both the delays that could arise from translation as well as inefficiencies there from. This triggered the signing of a Copyright License Agreement with Marcsmart Software Solutions Inc. that protects our intellectual property from being duplicated since all our codes had been simplified and provided in English.
Sometime in July 2019 as part of a routine facility inspection tour by our Auditors to a facility owned by Marcsmart Software Solutions Inc. it was discovered that they had commenced production of replica scanning chips and codes without informing us or getting our authorization. They had also commenced distribution of their version of our scanning chips and codes in complete violation of our existing agreement.
Upon discovery of this and a further probe it was discovered that Marcsmart Software Solutions Inc. had produced roughly Two Hundred and Fifty Thousand (250,000) replicas of our scanning chips and codes and had already sold Two Hundred Thousand (200,000) of them.
A team from our office in Mexico notified Marcsmart Software Solutions Inc. of our discovery and intimated them of our disappointment in their actions.
Marcsmart Software Solutions Inc. admitted to their wrong doings as well as it amounting to a violation of the terms of our agreement and offered Fifty percent (50%) of the proceeds from the unauthorized production, we rejected their offer and requested Eighty percent (80%). Eventually after lengthy discussions and negotiations we resolved that Marcsmart Software Solutions Inc. would remit to us Sixty Five percent (65%) of the proceeds from the unauthorized production amounting to One Million Eight Hundred and Ninety-Five Thousand Dollars and Eighty-Seven Cents only ($1,895,000.87) and said amount would be payable by at the end of December 2019. We both signed a Memorandum of Understanding to this effect.
Unfortunately, it has been one excuse or the other from Marcsmart Software Solutions Inc. since the deadline lapsed and we have not received any payment from them. On several occasions they have initiated conversations in regards remitting said funds to us in tranches but have failed to honor their word.
Despite this there has still existed a business relationship between our Company and Marcsmart Software Solutions Inc. and I wish to maintain the same but the pending issue outstanding settlement needs to be looked into. I would appreciate it if you can inform, educate and guide through a peaceful process of receiving our settlement.
My expectation of your services for now will be within the scenario of a Demand letter to Marcsmart Software Solutions Inc. on our behalf.
I believe that this approach will trigger a much-needed response/action from them in regards to an amicable settlement of the matter as well as remittance of what is due to my Company.
Please note that if need be and there is no other way to pursue this and you feel from your legal perspective that litigation is the only way forward, I am not opposed to this but I would rather this as a last resort.
Kindly let me know what you would need to proceed. I am aware that you might charge a retainer for your services if you are interested in taking on this case, please let me know what your retainer fees would amount to as well as any other requirements/dynamics that need to be fulfilled
I look forward to hearing from you.
Regards,
Trevino Alvarez
CEO
Trevarez Clásico Solución Llc
Bosques de Alisos 47, Granjas Palo Alto, Cuajimalpa de Morelos, 05110 Ciudad de México, CDMX, Mexico
Tel: +52 64 4690 3201
