Urgent Warning: Beware of a Fake TMview Site Potentially Tracking Trademark Searches

In the digital age, the online landscape for intellectual property (IP) professionals is fraught with both convenience and peril. While official databases streamline critical processes like trademark searches, the ever-present threat of cybercrime means vigilance is paramount. A recent alarming development has cast a shadow over preliminary trademark clearance, with a prominent attorney issuing a stark warning about a sophisticated spoofing operation.

Attorney John Berryhill has raised the alarm regarding a website, TMview.com, which he asserts is deceptively mimicking the widely-used official TMview trademark search database. This impostor site is believed to be meticulously designed to record users’ search queries, posing a significant risk to the confidentiality and strategic planning of businesses and legal practitioners alike. Evidence suggests this fraudulent operation is linked to business entities associated with Michael Gleissner, a figure with a controversial history in the realm of intellectual property and domain names.

fake TMVIEW page at tmview .com – records your search and then falls over to the actual TMDN page. Using lookups for domain regs.

— John Berryhill (@Berryhillj) August 11, 2017

The Indispensable Role of the Official TMview Database

For anyone involved in intellectual property, particularly trademark law, the official TMview database is an indispensable resource. Operated by the European Union Intellectual Property Office (EUIPO), the legitimate website, found at TMDN.org, serves as a vital portal for conducting comprehensive trademark searches. Its primary function is to allow users to search across numerous national and international trademark databases simultaneously, offering an invaluable tool for preliminary clearance checks.

Trademark attorneys, brand managers, and entrepreneurs frequently rely on TMview to ascertain the availability of a proposed trademark before embarking on the costly and time-consuming application process. A thorough preliminary search helps identify potential conflicts, reducing the risk of opposition or refusal. The integrity and reliability of such a database are foundational to effective brand protection strategies, making any attempt to compromise it a serious threat to the entire IP ecosystem.

Unmasking the Imposter: How TMview.com Deceives Users

The deceptive nature of TMview.com lies in its uncanny resemblance to the authentic TMDN.org website. At first glance, users might easily mistake the fake site for the official one, given its similar layout, branding elements, and overall aesthetic. However, a closer inspection reveals critical discrepancies that expose its fraudulent intent.

Navigating TMview.com quickly uncovers its superficiality. Key navigational links typically found on legitimate websites, such as “about,” “news,” or “contact,” are often non-functional or lead to dead ends. Furthermore, any news or updates displayed on the spoof site are typically several years old, a clear indicator of a static, unmaintained portal designed solely to ensnare unsuspecting users. This lack of dynamic content and functional links stands in stark contrast to the regularly updated and interactive environment of the official EUIPO platform.

The most insidious aspect of TMview.com’s deception occurs when a user attempts to perform a search. Instead of executing the search query within its own interface, the fake site is designed to forward the user to the real TMDN.org website. Crucially, it does so *without* actually transferring the search terms. Attorney Berryhill’s astute observation suggests that this mechanism is specifically engineered to record the initial search queries entered by users on the fake site. This enables the operators to capture valuable, proprietary information related to the preliminary checks that trademark professionals conduct before filing official applications.

The Grave Implications of Tracked Trademark Searches

The potential ramifications of having preliminary trademark searches recorded by an unauthorized entity are profound and deeply concerning for intellectual property security. Preliminary searches are often highly sensitive, revealing a company’s strategic interests in specific words, phrases, or branding concepts. This data, if falling into the wrong hands, could be exploited in various malicious ways:

• Pre-emptive Trademark Filings: An unscrupulous actor, armed with knowledge of a company’s intended trademark, could rush to file a similar or identical mark themselves. This could force the legitimate applicant into costly opposition proceedings or even prevent them from securing their desired mark.
• Reverse Domain Name Hijacking (RDNH): This is a particularly notorious tactic. If an entity discovers that a company is interested in a specific term for a trademark, they might strategically register a corresponding domain name (e.g., brandname.com). They could then initiate a UDRP (Uniform Domain-Name Dispute-Resolution Policy) complaint against the legitimate domain owner, falsely claiming rights based on their knowledge of the company’s trademark interest. The goal is often to extort money or gain control of valuable domain names.
• Competitive Intelligence and Industrial Espionage: Access to a competitor’s preliminary trademark searches could provide invaluable insight into their upcoming product launches, branding strategies, or market expansion plans. This unfair competitive advantage could undermine a company’s market position and innovation efforts.
• Domain Name Registrations for Profit: Beyond RDNH, general knowledge of trending or high-interest trademark search terms could be used to register numerous associated domain names. These domains could then be held for ransom, offered for sale at inflated prices, or used for unrelated malicious activities.

Attorney Berryhill further underscored the phishing nature of this site, directly linking it to efforts to deceive IP lawyers:

In case that was not clear – Tmview .com is a phishing page copied from @EU_IPO to fool IP lawyers doing preliminary clearance searches.

— John Berryhill (@Berryhillj) August 11, 2017

Connecting the Dots: Michael Gleissner and a Pattern of Questionable IP Activities

The investigation into who is behind TMview.com leads to a familiar and controversial name in the world of intellectual property: Michael Gleissner. The domain registration for TMview.com points to “Institute of Advanced Networking Technologies LLC.” However, the associated WHOIS email address, “[email protected],” provides a crucial link. Bigfoot is a company widely known to be connected to Michael Gleissner.

Gleissner has a documented history of engaging in activities that have drawn significant criticism and legal challenges within the IP community. His business entities have frequently lost Uniform Domain-Name Dispute-Resolution Policy (UDRP) cases, particularly concerning dictionary words, indicating a pattern of registering domain names without legitimate rights or interests. Notably, his companies were ordered by the UK’s Intellectual Property Office to pay a fine to Apple in a prominent trademark dispute, showcasing a willingness to challenge established brands.

Furthermore, Gleissner’s ventures have been observed to file trademarks matching .com domain names they do not own, a practice that can create confusion and potential leverage in domain name disputes. Perhaps most tellingly, one of Bigfoot’s employees once suggested on his LinkedIn page that he was involved in the business of reverse domain name hijacking. This direct acknowledgment of such a contentious practice lends significant credence to the concerns raised by John Berryhill about the intentions behind TMview.com.

Given this extensive track record of questionable IP tactics, it becomes abundantly clear why Berryhill and others view the TMview.com operation with extreme suspicion. The correlation between potentially tracked trademark searches on the spoof site and subsequent trademark applications or domain registrations made by firms tied to Gleissner would raise serious ethical and legal questions, underscoring the urgent need for IP professionals to exercise extreme caution.

Safeguarding Your Intellectual Property: Best Practices for Online Trademark Searches

In light of this significant threat, protecting your sensitive preliminary trademark search data is more critical than ever. Adopting stringent cybersecurity practices and exercising due diligence can help mitigate the risks associated with sophisticated phishing attempts like TMview.com:

1. Always Verify the URL: Before entering any sensitive information, meticulously check the website address. The official EUIPO TMview site is TMDN.org, NOT TMview.com. It’s best practice to bookmark official sites and access them directly from your bookmarks rather than through search engine results or external links.
2. Look for HTTPS and the Padlock Icon: While TMview.com might use HTTPS, a secure connection does not guarantee a legitimate site. However, its absence is a definitive red flag. Always ensure the padlock icon is present in your browser’s address bar.
3. Scrutinize Website Content and Functionality: Be wary of sites with non-functional links, outdated news, grammatical errors, or an overall unpolished appearance. Legitimate professional databases are typically well-maintained and fully functional.
4. Educate Your Team: Ensure all employees, especially those involved in IP management or legal work, are aware of such phishing schemes. Regular training on cybersecurity awareness can prevent costly mistakes.
5. Use Reliable Sources for Links: When in doubt, navigate to the EUIPO’s main website and find the link to TMview from there. This ensures you are accessing the official portal.
6. Report Suspicious Activity: If you encounter a site you suspect is fraudulent, report it to relevant authorities (e.g., your national IP office, cybersecurity agencies). This helps protect others from falling victim.
7. Consider IP Monitoring Services: Beyond initial searches, ongoing IP monitoring services can help track potential infringements or suspicious domain registrations related to your brand.

Conclusion: Vigilance is Key in Protecting Your IP

The existence of sophisticated phishing operations like TMview.com serves as a stark reminder of the persistent and evolving threats in the digital landscape. For intellectual property professionals, the integrity of preliminary trademark searches is paramount to strategic planning and brand security. The warning issued by attorney John Berryhill, coupled with the concerning historical activities linked to Michael Gleissner and Bigfoot, underscores the urgent need for heightened awareness and unwavering vigilance.

Always remember that critical data, especially in the realm of intellectual property, demands access through verified, official channels only. By adopting robust security practices and remaining skeptical of unofficial portals, the IP community can collectively safeguard sensitive information and ensure the continued trust and effectiveness of essential resources like the official TMview database. Protecting your IP begins with protecting your search data.