Breach of licensing agreement by David Yamaguchi of China Manufacturing Supply Group
Date First Reported: January 2012
Primary Name Associated: David Yamaguchi
Description of Potential Fraud:
Two U.S. lawyers have reported to us that they’ve been contacted by the purported David Yamaguchi of China Manufacturing Supply Group with regards to retaining their services to collect on a breach of a license agreement. It is nearly identical to the Andrew Kazuyuki and Dan Nagasakii emails lawyers across Canada also received last month.
This is another bad cheque fraud in which the ‘customer’ accused of breaching the lease agreement will no doubt also quickly send a (counterfeit) cheque for damages to the lawyers office, and the lawyer will be asked to wire the funds (minus fees and costs) to an offshore account. See our Fraud Fact Sheet for more information on how these scams work and how to spot them.
Here is an example of the initial contact email:
From: David Yamaguchi [mailto:DYamaguchi@chmsghk.com]
Sent: Friday, December 16, 2011 8:06 PM
To: lawyer name
Subject: IP Rights Violation
Dear Ms. Mullin,
I am contacting you in regards to a breach of license agreement, unfair
competition, and trademark infringement with a client in your locale.
Our client was granted an exclusive license to use and modify our
Japanese language software products to create and manufacture English
language versions of the Products and derivative products in the English
language, and the exclusive rights to distribute the English language
versions of the Products throughout the United States of America.
However, it was later uncovered that our client was equally
manufacturing the Spanish language of our product without license. In
addition, our client was equally distributing the unauthorized products
within and to other regions outside the United States of America and
this is a complete violation of our agreed terms.
On behalf of my company, I will like to enforce our intellectual
property rights with respect to the unauthorized production of the
versions of our products in Spanish language and the unauthorized
distribution of the products within and to other regions outside the
United States of America . If these falls under the scope of your
practice and my request could be reasonably accommodated, please contact
me as soon as possible so that I can provide you with further details.
Otherwise, if you are not in a position to assist on these issues, your
advice on the appropriate measures to take could be of assistance.
I will appreciate your prompt response. Thank you.
China Manufacturing Supply Group Ltd.
Sunray Industrial Center
610 Cha Kwo Ling Rd.,
Yau Tong, Kowloon, Hong Kong.
How to handle a real or suspected fraud
If you have been targeted by any of these frauds, please forward any of the emails and supporting documents that you have received to email@example.com.
If you suspect you are acting on a matter that might be a fraud, call LAWPRO at 1-800-410-1013 (416-598-5899). We will talk you through the common fraud scenarios we are seeing and help you spot red flags that may indicate you are being duped. This will help you ask appropriate questions of your client to determine if the matter is legitimate or not. If the matter you are acting on turns out to be a fraud and there is a potential claim, we will work with you to prevent the fraud and minimize potential claims costs.
If you have been successfully duped, please immediately notify LAWPRO as there may be a claim against you.
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Fraud Fact SheetMore fraud prevention information and resources are available on the practicePRO Fraud page, including the Fraud Fact Sheet, a handy reference for lawyers and law firm staff that describes the common frauds and the red flags that can help identify them.