Intellectual Property Law

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If a company in Europe starts using our trademark for their…

Customer Question
If a company in Europe...
If a company in Europe starts using our trademark for their company and is targeting customers in the United States, but they don't have a physical entity in the United States, what can we do? We know they are selling to companies in the United States. I would basically want to file some kind of court action that could either prevent them from selling in the United States and allow our company to collect on any revenue generated from sales in the United States.
Submitted: 8 months ago.Category: Intellectual Property Law
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Answered in 17 hours by:
9/30/2017
IP Lawyer: Asad Rahman, Lawyer replied 8 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 2,475
Experience: Practicing Attorney with 10 years experience
Verified

At this point, I would recommend you have an attorney send a cease and desist letter demanding that they stop use of your trademark and threaten legal action. First, a judge will expect that you try this before filing in court and it also saves expense as it opens the door to negotiating a resolution.

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Customer reply replied 8 months ago
Hello, I do not think that would be effective as it has been done. The issue is that they do not have an entity in the United States. Their first reaction would be that they do not have a U.S. entity but they are selling to customers in the United States.
Customer reply replied 8 months ago
If you do not know the answer, please open the question to another attorney. Thanks.
IP Lawyer: Asad Rahman, Lawyer replied 8 months ago

Once they began selling to the US customer base, they became subject to US laws via the commerce clause of the Constitution. In my experience, this is the right course of action.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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