2020

Home It v. Wupin Wen, et. al., 19-cv-7070 (MK) (EDNY December 26, 2019)

Plaintiff Home It alleges it has made common law use of the mark SAGANIZER for various home organizing products since 2015. It has not filed a trademark application. Defendant WuPin Wen of Guangdong, filed a U.S. application for SAGANIZER for various housewares…

INTA Position: The Court should remand the case to the district court for fact finding on whether the defendant is advertising, distributing, and/or offering goods that are potentially infringing or counterfeit and clarify the use in commerce, pursuant to 15 U.S.C. § 1114, includes more than the act of selling goods. 

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