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China: Where Even The “Law Firms” Are Fake

By Dan Harris on October 19, 2006
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China LawyersIn the movie, Ace Ventura: When Nature Calls, Ace Ventura (Jim Carrey) gets stabbed countless times by massive spears, knifed a few times, flipped completely over a couple times, and stepped and trampled upon.  He takes all of this with amazing equanimity.  But when his hair gets ruffled, he becomes furious and yells, “NOBODY MESSES WITH THE [hair] DO.”

Somebody is MESSING WITH MY DO.

Counterfeit drugs, money, razor blades, cigarettes, baby food, shoes, music, auto parts, software, purses. None of that shocks anymore.

But today I just learned there are those who take money to register foreign company trademarks in China and then simply run away.  A new client told me he had sent about $750 to what he thought was a legitimate China law firm to have his company’s brand name registered. As soon as the first $750 hit Shanghai, he was asked to send an additional $600 to “cover the filing fees,” which he did.

A week later the website was down and the Shanghai “firm” was gone.

Caveat emptor.

First time I had heard of anything like this. Anyone else heard of such a thing?

UPDATE:  It turns out this scam is actually pretty common and it also turns out that in every case of which I am aware the scammers were neither licensed Chinese lawyers nor licensed Chinese trademark agents. In other words, they are just people who run China trademark registration scams by posing as legitimate China lawyers and/or legitimate China trademark agents, oftentimes with websites so convincing that even our lawyers fluent in Chinese cannot tell that they are fakes.

What are you seeing out there?

Photo of Dan Harris Dan Harris

Dan is a founder of Harris Bricken, an international law firm with lawyers in Los Angeles, Portland, San Francisco, Seattle, China and Spain.

He primarily represents companies doing business in emerging market countries, having spent years building and maintaining a global, professional network. 

…

Dan is a founder of Harris Bricken, an international law firm with lawyers in Los Angeles, Portland, San Francisco, Seattle, China and Spain.

He primarily represents companies doing business in emerging market countries, having spent years building and maintaining a global, professional network.  His work has been as varied as securing the release of two improperly held helicopters in Papua New Guinea, setting up a legal framework to move slag from Canada to Poland’s interior, overseeing hundreds of litigation and arbitration matters in Korea, helping someone avoid terrorism charges in Japan, and seizing fish product in China to collect on a debt.

He was named as one of only three Washington State Amazing Lawyers in International Law, is AV rated by Martindale-Hubbell Law Directory (its highest rating), is rated 10.0 by AVVO.com (also its highest rating), and is a recognized SuperLawyer.

Dan is a frequent writer and public speaker on doing business in Asia and constantly travels between the United States and Asia. He most commonly speaks on China law issues and is the lead writer of the award winning China Law Blog. Forbes Magazine, Fortune Magazine, the Wall Street Journal, Investors Business Daily, Business Week, The National Law Journal, The Washington Post, The ABA Journal, The Economist, Newsweek, NPR, The New York Times and Inside Counsel have all interviewed Dan regarding various aspects of his international law practice.

Dan is licensed in Washington, Illinois, and Alaska.

In tandem with the international law team at his firm, Dan focuses on setting up/registering companies overseas (via WFOEs, Rep Offices or Joint Ventures), drafting international contracts (NDAs, OEM Agreements, licensing, distribution, etc.), protecting IP (trademarks, trade secrets, copyrights and patents), and overseeing M&A transactions.

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  • Posted in:
    Business and Commercial
  • Blog:
    China Law Blog
  • Organization:
    Harris Sliwoski
  • Article: View Original Source

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