[E-trademarks] Use in Commerce for a service when underlying product was returned and refunded

[voyer@keganlaw.com]

If bona fide sale the return does not erase the good sale. There’s also possible transport, if part of
the service was transported. Someone else can research whether Internet communication (electrons
move or the electromagnetic wave) is transport, and what the cases with mail transport might say.

One sale (one hat case a while ago) can be ok, but if the service is only rendered once (and returned)
with none else for a year or more, that’s a vulnerability and more expensive, iffy defense.

Daniel Kegan
* Counsel to Counsel™ * 
We identify, develop, and protect intangible business assets and
counsel other professionals on legal issues.
Balanced Counsel for Smart Clients®
Kennett Square PA 19348 USA
<daniel at keganlaw.com>

> On Apr 23, 2025, at 5:17 PM, Frances Lippincott via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> Can an applicant use the date of first use in commerce for a service, where the service was performed but the underlying product was later returned and refunded?
> 
> For example, say applicant provides design services. Customer orders a custom light fixture. The light is delivered and paid for (date of first use in commerce), but then is later returned to the designer and the customer is refunded.
> 
> Thanks!
> Frances (Flann) Lippincott
> Lippincott IP LLC
> 475 Wall Street
> Princeton, NJ 08540
> 
> Mail:
> 166 Valley St. Bldg 6M Ste 103
> Providence, RI 02909
> (908) 507-5507 mobile
> flann at lippincottip.com <mailto:flann at lippincottip.com>
> www.lippincottip.com <http://www.lippincottip.com/>
> Intellectual property transactions and litigation. Licensed in NJ. Federal Practice.
> This email address is for non-firm use. Content is mere opinion and is not proffered as legal advice. Please use flann at lippincottip.com <mailto:flann at lippincottip.com> above for law-firm related correspondence. Thank you!

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