[E-trademarks] First use

[Katherine Koenig]

I have a client who is based in Australia, and I think I need a gut check on first use.  They sell products to a US distributor who sells in the US.  The AU company maintains control over the nature and quality of the goods.  The two entities are otherwise unrelated.

Would first use occur when the AU company sold and/or shipped branded products to the US distributor (located in the US), or when the US distributor made an in-commerce sale to US customer?  I'd think the sale to the US distributor would be sufficient, but something about the nature of the customer being a US distributor gave me pause.  The AU client calls them a "distributor," but are they really just a customer who happens to resell the goods?

Best regards,

Katherine

Dr. Katherine Koenig
Registered Patent Attorney
Koenig IP Works, PLLC
2208 Mariner Dr.
Fort Lauderdale, FL 33316
(954) 903-1699
katherine at koenigipworks.com<mailto:katherine at koenigipworks.com>

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