[E-trademarks] Use in international commerce

[Dale Quisenberry]

Jessica:

I agree with you that the date of first use based on date of shipment is the correct date, i.e., the date first “transported in commerce”:



The term “use in commerce” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For purposes of this chapter, a mark shall be deemed to be in use in commerce—

(1) on goods when—

(A) it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and

(B) the goods are sold or transported in commerce, and

(2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services.

15 USC 1127

Dale

C. Dale Quisenberry
Quisenberry Law PLLC
13910 Champion Forest Drive, Suite 203
Houston, Texas 77069
(832) 680.5000 (office)
(832) 680.1000 (mobile)
(832) 680.5555 (facsimile)
www.quisenberrylaw.com<http://www.quisenberrylaw.com>

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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Jessica R. Friedman via E-trademarks <e-trademarks at oppedahl-lists.com>
Date: Sunday, 16 March 2025 at 12:16 pm
To: Scott Landsbaum <scott at scottlandsbaum.com>, For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Jessica R. Friedman <jrfriedman at litproplaw.com>
Subject: Re: [E-trademarks] Use in international commerce
Thanks, Scott. My client isn’t going to fulfill the orders. Amazon is.

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<mailto:jrfriedman at litproplaw.com>
URL: www.literarypropertylaw.com<http://www.literarypropertylaw.com>

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From: Scott Landsbaum <scott at scottlandsbaum.com>
Date: Sunday, March 16, 2025 at 12:56 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Jessica R. Friedman <jrfriedman at litproplaw.com>
Subject: Re: [E-trademarks] Use in international commerce
Could it depend on whether the client is selling the products to Amazon for their sale to consumers vs. the client is selling direct to consumers through Amazon and Amazon is merely acting as a logistics provider?
Why not wait until an actual consumer sale and avoid the issue?

Regards,
Scott

Scott Landsbaum, Inc.
323-314-7881<tel:323-314-7881> / f 323-714-2454
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On Sun, Mar 16, 2025 at 8:45 AM Jessica R. Friedman via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
Spanish client is going to be selling its branded products in the U.S. only through/on Amazon.

Am I correct that the date of client’s shipment of products to an Amazon facility here in the U.S. constitutes its DOFU?

(I can’t see why it wouldn’t, but I feel as though I am missing something.)

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<mailto:jrfriedman at litproplaw.com>
URL: www.literarypropertylaw.com<http://www.literarypropertylaw.com>

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