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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 1611
Experience:  Run my own successful business/contract law practice.
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If a foreign company sells software to customers in the United

Customer Question

If a foreign company sells software to customers in the United States under my trademark but they are physically located in Australia, can we still sue them? And, if so, do you have a basic overview of how best to start that process?
I've worked with domestic trademark issues but am having difficulty with a company in Australia.
Submitted: 1 year ago.
Category: Business Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
1) What state are you in?
2) Sue them for what, exactly?
Customer: replied 1 year ago.

If they are selling a software application that can be confused with our, dilutes our brand in the marketplace and causes customers to sign up for their service thinking they are us, I believe I would have grounds to sue.

Right now, they are selling a product labeled with my trademark and I believe I can prove they are selling to U.S. customers and offering their product on U.S. servers.

Expert:  Ely replied 1 year ago.
Thank you. I am going to opt out of your question and open this up for other experts.
Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.
There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.
My apologies for any inconvenience and good luck...
Customer: replied 1 year ago.

Hi, I don't think this went back into the que.

Expert:  Ely replied 1 year ago.
Hello,
Actually, it did.
I will let customer service know that you are eager to engage, so that they will possibly actively help search for an expert to answer this.
(No need to reply to this communique.)