[E-trademarks] Jurisdiction over foreign client accused of TM infringement in the US
Casey Scott McKay
casey at mclaw.io
Thu Nov 14 00:26:14 UTC 2024
Maybe you could try under FRCP 4(k)(2) or 18 U.S.C. § 1965(b)?
Casey Scott McKay
Partner
202.743.1972
casey at mclaw.io
1441 U Street NW | Suite 712
Washington DC, DC 20009
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MC Law, PLLC
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On Wednesday, November 13th, 2024 at 6:41 PM, Jessica R. Friedman via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> - Client operates and has offices in France. Client uses CLOUD SECURES (hypothetical) to identify its cybersecurity consulting services and has a WIPO registration for that mark for those services. Occasionally Client provides its services to a US company and, in such cases, may work with a US contractor.
>
> - USCo provides cybersecurity consulting services in the U.S. under the mark CLOUD. USCo sends Client a c&d letter accusing Client of infringing its CLOUD trademark by allegedly using CLOUD SECURES here in the U.S.
>
> - Without Client’s having an office or agent here, is there any basis for USCo to assert jurisdiction over Client here? Could the US contractors that Client uses be considered its agents so as to confer jurisdiction?
>
> - Is there any basis for USCo’s suing Client in France for the trademark infringement that USCo claims Client is committing here?
>
> Jessica R. Friedman
>
> Attorney at Law
>
> 300 East 59 Street, Ste. 2406
>
> New York, NY 10022
>
> Phone: 212-220-0900
>
> Cell: 917-647-1884
>
> E-mail: jrfriedman at litproplaw.com
>
> URL: www.literarypropertylaw.com
>
> [1479430908386_PastedImage]
>
>>
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