Monday, November 23, 2020

The IP Scam: Trevino Alvarez Trevarez Clásico Solución LLC

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
image
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

Sunday, November 22, 2020

Phisher & Supplies: Aryal A. Raj

 Top of the day to you . My company is in the process of selling one of its Dredger and the buyer insists that I provide an attorney to supervise the sale and also act as Escrow. You would be representing us (buyer and seller) , that is you concurrently represent each of us individually in connection with this sale . We know there is the possibility that the concurrent representation of both the buyer and seller constitutes a potential conflict of interest. However , we are prepared to sign a conflict waiver agreement as well . Again, we know that there are various ways in which a future conflict of interest could arise. For example, if you receive conflicting instructions from us, where you would be placed in a position in which you could not follow one set of instruction(s) without violating your professional obligation(s) to the other of us. We accept that this situation, if unresolved, could create a conflict of interest which would require you to withdraw from representation and which would require each of us to seek new counsel. Therefore, we will as a condition of your employment that you provide you with a common set of instructions as to the matter at hand, in order to prevent such a potential conflict. Before shipping commences ,we( the seller ) want the attorney to hold any payment deposit sent by the buyer in trust.


In my next mail I would attach necessary details of the Dredger for your review . Please advise me on your retainer fee and forward me your retainer agreement.

The dredger is located in Indonesia. The proposed buyer has inspected it  and found it satisfactory . It was inspected by the buyer in August 2020 . The total sale price of the dredger is $2,950,000 USD .We require at least a MINIMUM deposit of $350,000 before we commence shipping the dredger . Shipping and insurance cost has been incorporated into the dredger sale. The proposed buyer and shipping destination is the USA .

Please find details of :

(a) Seller :

JFC Fishing & Supplies ,
Attn: Aryal A. Raj ,
BMR Building ,
Box 2014, Koror, Palau 96940
Tel : +680 488 1693

(b) Buyer :

[Local Buyer Here]

(c)  Broker / Financing Company :

Nathan & Liam LLC
Attn : Nathan J. Walsh
2891 SUNRIDGE WAY NE, CALGARY, AB T1Y 7K7


We agree to your handing over of Escrow money to a third party of your choice in case a dispute arises . The buyer through his broker or financing company would foot attorney fee payment and also will pay the monies to be held in the escrowed account.

I look forward to your prompt response.

Regards,
Aryal A. Raj ,
Chief Executive Officer
JFC Fishing & Supplies
BMR Building ,
Box 2014, Koror, Palau 96940
Tel : +680 488 1693

Wednesday, November 4, 2020

A Modern-Day Warrior, Mean, Mean Stride, Today's Tom Murray, Mean, Mean Pride

 Tom Murray 


Email: murraytom4922@gmail.com

Phone: 9999999999

State: Oregon

Message:
Hello,

I am writing to inquire if your firm can provide services for escrow relative to purchase/sale agreements and closings. I am purchasing a used excavator in your state and the purchase agreement requires escrow services, I want to know if you can provide escrow service and be the closing agent for this purchase.
Let me know if this is your area of practice and i will send you the purchase agreement and the escrow instruction for your review.
If not please provide a referral to my private email:

Sincerely,
Tom Murray

Friday, July 10, 2020

In a champagne Super Novalis in the sky

I am selling my Varian Novalis TX to a buyer residing in your area. I will need your skilled legal counsel to help me draft the sales agreement for the transaction from contract preparation through closing.Theabove mentioned Novalis TX has a sales price of ($520,280). This includes the insurance cost, shipping and handling cost.Attached are required details of the Novalix Tx for your review.please advise on your rate, retainer fee and forward to me your retainer agreement for my review and signing.

See buyer details below:


[Local Company Her]


Let me know your thoughts.

Kind regards.




DON Jim Harrison,
CFO 
Jefferson Hospital
1067 Peachtree Street, Louisville, GA 30434
+1 402-265-5810

Sunday, June 28, 2020

Bring the Pong Dance

Apichai Pongkijmongkol 

Email: unipromanufacturingcoltd@gmail.com

Phone: 7693750284

Message:
Dear Counsel,
We have a breach of contract agreement for litigation in your jurisdiction and would like to retain your firm for litigation matter, Please what is your hourly fee and standard retainer fee? Kindly advise to enable us forward you the adverse party information for your conflict check.

Please if you are not accepting new case at the moment we will appreciate it if you can refer us or forward our message to a business attorney that can handle this transaction for us.
We look forward to your prompt response.

Yours Sincerely,

Apichai PongkijmongkolPresident & CEO
Unipro Manufacturing Co., Ltd.300/2-3 Nvamin Rd. Nvamin, 
Buengkum, Bangkok 10240 
ThailandTel : 02-379-1769
Fax : 02-733-4276-81
http://www.uniprogroup.com
unipromanufacturingcoltd@gmail.com.

Wednesday, May 6, 2020

Sad Mong's Say So Much


David Tak Mong

3:05 AM (5 hours ago)

Thanks for your mail,and below is the Debtor information,run conflict check and advice us your standard retainer fee.

The Debtor company information:

[Local Company]

Please forward us your Retainer Agreement Letter once you clear with conflict check.  We are looking forward to working with you on this matter, have a nice day.

Best Regards,
David Tak Mong(President)
Shun Hing Electronic Trading Co Ltd
Address: 60/65 Moo19 Navanakorn 2 Phaholyothin Rd.,
Klong Luang, Pathumthani 12120 Thailand
Tel:027-733-4276
Fax:027-733-4276

Monday, April 27, 2020

At the Cobra, Cobra Cabana


Andrew Wei

This is an official request for your services on behalf of my company “LimeCode Technologies Group” towards the enforcement of our intellectual property rights. We have a license agreement with “Cobra Systems Inc”, to translate, develop and distribute our Bar Code Reading software system (LCPPRO-LE64) in the United States. The Bar Code Reading devices are embedded or preloaded with our proprietary software coded in Chinese language but equipped with a Chinese to English language translator from our factory plants here in Hong Kong before being shipped to “Cobra Systems Inc”. [Local address here].

However, as a result of increased market demand for our wholesale packaging supplies and wholesale shipping supplies in the US and to make our products compete more favorably with other products, there was the need to have the embedded software written in English language. It was considered that these will remove several inefficiencies as result of translation from Chinese to English language. As a result of the foregoing, we entered into a copyright license agreement with  [Local address here] United States, for the translation of our software programs from Chinese to English language for our wholesale packaging supplies and wholesale shipping supplies. As result of the foregoing, we entered into a copyright license agreement with “Cobra Systems Inc” in January 2018.

However, in July 2019 during a schedule inspection tour by our auditor from Hong Kong to our client’s manufacturing facility in the US it was uncovered that “Cobra Systems Inc”, was equally manufacturing the Spanish versions of our product without license. In addition, our client was equally distributing the unauthorized Spanish language versions of our products within and to outside the US which was a complete violation of our agreed terms.

Following the initial discovery by our audit consultant, another detailed investigation was carried out by an independent auditor and it was uncovered and confirmed by the independent auditors that 250,000 copies of the Spanish language version of the software programs have been produced and 200,000 shipped and sold already in US and South America. Clearly our license agreement has been breached, after which we had a lengthy negotiation back and forth through our lawyers, and consequently it was mutually resolved and agreed that sixty-five percent (65%) earned profits on the unauthorized production which is of One Million Eight Hundred and Eighty-Five Thousand Dollars Only ($1,885,000.00) should be payable to us and payment deadline of 30th of December, 2019 was agreed. However with this current economic climate, we can't afford to have $1,885,000.00 pending indefinitely with this customer. Previously, the settlement agreement deadline date was extended from December 2019 to 28th of February, 2020 as requested by “Cobra Systems Inc” and it is quite unfortunate the extended deadline was not honored.

Despite the foregoing, I will like to draw your attention to the relationship with Cobra Systems Inc, which has been cordial and we have had a successful business relationship over the past few years, and it is our position to maintain the relationship after settling the issues on hand. Right now, I will like to take appropriate steps and measures to enforce our copyright license agreement and/ or claim infringements and damages as appropriate. Our expectation of your services for now will be within the scenario of a Demand letter to them (Cobra Systems Inc USA). This approach will trigger the much needed response from them towards amicable settlement of the matter.

As I said in my previous message, we are prepared to pay your retainer fees and I have attached the License and The Settlement Agreement between us and Cobra Systems Inc USA. We look forward to your prompt response and after reviewing the documents let me know how you want us to proceed and let me know if you have any questions or need any additional information.


Attached are License and Settlement Agreement between both parties.