[E-trademarks] Sales to Resellers?

[David Lizerbram]

Client has created a consumer product. The trademark application has 
received an NOA. Client has contracted with, and made sales to, a 
reseller who will distribute the goods through Amazon. The reseller is 
requiring client to have a trademark registration prior to being able to 
make Amazon sales (I'm leaving some details out here; assume this part 
is not negotiable).

Of course the issue here is whether sales across state lines to a 
reseller satisfy the "use in interstate commerce" requirement. My 
position is that only sales to the end consumers satisfies the 
requirement, and I can't find any examples to the contrary. But just to 
cover all of my bases, I thought I'd ask the list.

The alternative is for the client to spin up a web store, make some 
sales, and then the problem will have been solved. So if that's what 
they have to do, they will.

Best,
David

-- 
David Lizerbram, Business/Trademark Lawyer

Co-host of */Rock Docs <https://linktr.ee/rockdocspod>/*: A Podcast 
About Music Documentaries

Co-host of */Little Slugger 
<https://linktr.ee/littleslugger?lt_utm_source=lt_admin_share_link#330252236>/*, 
my 8-year-old's podcast about baseball

David Lizerbram & Associates®

3180 University Avenue, Suite 260
San Diego, California 92104
(619) 517-2272
Twitter: Twitter.com/davidlizerbram <http://www.Twitter.com/davidlizerbram>
Facebook Page: Facebook.com/DavidLizerbramAndAssociates 
<http://www.facebook.com/davidlizerbramandassociates>
Website: www.LizerbramLaw.com <http://www.LizerbramLaw.com>
Blog: www.LizerbramLaw.com/blog <http://www.LizerbramLaw.com/blog/>

NOTICE: This e-mail message and all attachments transmitted with it are 
intended solely for the use of the addressee and may contain legally 
privileged and confidential information. If the reader of this message 
is not the intended recipient, or an employee or agent responsible for 
delivering this message to the intended recipient, you are hereby 
notified that any dissemination, distribution, copying, or other use of 
this message or its attachments is strictly prohibited. If you have 
received this message in error, please notify the sender immediately by 
replying to this message and please delete it from your computer.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20251013/07965c48/attachment.html>