Caputo Brosnan P.C.
Newsletter
April 2014
In This Issue
Deed Scam
Scam - Fake Funeral Notices
Digital Estate Planning
Modest Proposal
Frappicino or Frappuccino
CB

 

 

DEED SCAM

 

It has been reported to us that homeowners have been receiving "Deed Processing Notices" from a company calling itself Record Transfer Services.

 

Click to view a copy of the Notice: Deed Processing Notice

 

The Notice requests that the homeowner send a processing fee of $83.00 for a property profile and a copy of the homeowner's deed.  The information you will receive is readily available online and at city hall, often for free, or at most, a modest charge.  Some of the clients who have brought this to our attention have expressed fear that the deed to their home may be ineffective and so considered sending the check.  Do not be concerned.  You will only receive this Notice if your deed was properly recorded.

 

FTC:  Scammers Send Fake Funeral Notices

Scam artists are forever trying to trick people into clicking on links that will download malware to their computers. In their latest scam they are sending bogus emails with the subject line "funeral notification."

The message appears to be from a legitimate funeral home, offers condolences, and invites you to click on a link for more information about the upcoming "celebration of your friend's life service."  But instead of sending you to the funeral home's website, the link downloads malware to your computer.

"Fake funeral notice can be deadly - for your computer" is the FTC's new blog post about this scam, where consumers will find tips to reduce the risk of downloading unwanted malware and spyware.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.  To file a complaint, visit the FTC's online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357).  The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. 


Quick Links
  
   
::

ESTATE PLANNING

IN THE DIGITAL WORLD

 

What happens to your data when you die?

 

At some point in their lives, most people take a little time to figure out who should get their house, car, money, and heirlooms when they're gone. But in an age where some of our most personal assets live online (e.g. our emails, photos, social-media identities) few of us stop to think about who will have control over this information. In many cases, unless you specify otherwise, it simply lives on in the cloud indefinitely. That can result in awkward situations when, say, your friend sees your name pop-up in a Facebook ad for a product you once "liked."

 

Facebook has addressed the problem of the digital afterlife with options for relatives to "memorialize" an account once its owner has died. Google also has a process that lets you plan for that eventuality yourself, while you're still alive. It's called Inactive Account Manager, which sounds a bit impersonal, but is admittedly less blunt than the obvious alternative, "Google Death."

 

The feature allows you to have your account deleted after it has been inactive for a specific amount of time, from three months to one year. That will wipe clean your YouTube videos, Google+ posts, Google Drive files, emails, and all the rest. Or you can have the data sent to one or more trusted relatives or friends. Before that happens, though, Google will try to contact you via text message and secondary email to make sure you aren't just hibernating.

 

[SBM Probate - Article by Josh Ard, Esq.]

 

 

A MODEST PROPOSAL

 

You are a sick senior citizen and the government says there is no nursing home available for you. So what do you do?

 

Our plan gives anyone 65 years, or older, a gun (G) and four bullets. You are allowed to shoot four Politicians.

 

Of course, this means you will be sent to prison, where you will receive three meals a day, a roof over your head, central heating and air conditioning and all the health care you need.

 

Need new teeth? No problem.

 

Need glasses? That's great.

 

Need a new hip, knees, kidney, lungs or heart? They are all covered.

 

As an added bonus, your kids can come and visit you at least as often as they do now.

 

And who will be paying for all of this?

 

The same government that just told you they cannot afford for you to go into a nursing home.

 

The best part is you can get rid of four useless politicians while you are dealing with concerns for your well-being and you do not have to pay any income taxes anymore if you do not generate substantial income while you are incarcerated.

 

We live in a great country!

 

 

YOU SAY FRAPPICINO,

I SAY FRAPPUCCINO

 

A small brewpub in Cottleville, Missouri, received a letter from Starbucks because one of its customers referred to one of the pub's stout concoctions as a "Frappicino."

 

Below is the cease and desist letter along with the response of Exit 6 Pub and Brewery. (NOTE: The stout in question is now known as "The F Word" and is currently available).

 

Dear Mr. Britton,

 

It has recently come to Starbucks Coffee Co.'s attention that Exit 6 Pub and Brewery LLC ("Exit 6") is or was using the mark FRAPPICINO in connection with a stout-style beer crafted by the brewery.  Exit 6's use of this closely similar mark in connection with beer is likely to cause confusion, mistake, or deception among consumers, who may mistakenly believe that Exit 6 or this beer product is affiliated with or licensed by Starbucks Coffee Co., when they are not.

 

Accordingly, Starbucks Corporation requests Exit 6's written assurances that it will:

 

- Cease and desist all use of the term "Frappicino" or any other mark in connection with your products or brewery.

- Agree to refrain from further use of any of Starbucks Coffee Co.'s trademarks in the future, as well as any marks that are likely to cause confusion with or dilution of those marks.

 

Very truly yours,

HONIGMAN MILLER SCHWARTZ AND COHN LLP

Anessa Owen Kramer

 

 

THE RESPONSE

 

Dear Ms. Owen Kramer - cc Mr. Bucks

 

I represent Exit 6 Pub and Brewery LLC "Exit 6." I am writing in response to your letter in regards to the "Frappuccino" (at risk of further lawsuits, heretofore known as "The F Word") beer. As you probably don't know, Exit 6 is the proud owner of no trademarks including our own name much less than the name "F Word" and nothing about Exit 6 is incontestable.

 

I would like for both Ms. Owen Kramer and Mr. Bucks to rest assured we meant no deception or confusion in the naming of the beer F Word. We never thought that our beer drinking customers would have thought that the alcoholic beverage coming out of the tap would have actually been coffee from one of the many, many, many stores located a few blocks away. I guess that with there being a Starbucks on every corner of every block in every city that some people may think they could get a Starbucks at a local bar. So that was our mistake.

 

We want to be sure that Ms. Owen Kramer and Mr. Bucks know that Exit 6 and the 3 customers that checked into the beer known as the F Word feel just awful about calling a beer the F Word. We are bad people. We feel shame. But know this, Exit 6 has ceased and desisted all use of the F Word and there will be absolutely no further use of the F Word in the naming of any further Exit 6 beers. We also promise to stop production of our "Starbuck-McDonalds-Coca Cola-Marlboro Honey Lager" for fear of further repercussions.

 

Furthermore, in an effort to remain in good standing with Starbucks and Mr. Bucks in general, please find enclosed a check for the full amount of profit gained from the sale of those 3 beers. Please apply the enclosed $6.00 towards the legal fees Ms. Owen Kramer received for her efforts in nabbing Exit 6 in our dastardly F Word naming practices. We realize Mr. Bucks probably paid her more than Exit 6 made last year. We just want to help a business like Starbucks. Us small business owners need to stick together.

 

I just want to apologize again for any damage Exit 6 did to Starbucks. I certainly didn't intend to cause any harm to the Starbucks name.

 

Apologizing Again

Jeff Britton

Owner - Exit 6 Pub and Brewery

 

PS - Can we name the beer "Phrappaccino"?

PPS - Is the name "Honigman Hefeweisson" ok?

PPPS - Ms. Owen Kramer, do you know Mark A? You guys fixed a ticket for him around 2005. He was doing a 103 in a 70.

PPPPS - Go Blues!

 

 

 

Read the full article here:  Starbucks Cease and Desist

The Huffington Post | By Carol Hartsell