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See, Inc. is an American corporation that sells eyewear over the Internet on its Web site, seeeyewear.com, which it registered as a domain name in 1998. See, Inc. owns federal trademarks on SEE and SEE SELECTIVE EYEWEAR ELEMENTS. See, Inc. has also filed for a trademark on SEE EYEWEAR. The Defendant, Imago Eyewear Party, Ltd., is an Australian company that also sells eyewear over the Internet. Imago uses the Web site “seeyewear.com” to sell its products. This Web site domain name was registered in 2002. Image has filed for a United States trademark on SEEYEWEAR. See, Inc. sued Imago Eyewear in Michigan Federal Court. See, Inc. claimed that Imago, by using the Web site seeyewear.com, had violated Federal trademark law and Michigan’s unfair trade practices statutes. Imago argued that there is no jurisdiction for See, Inc. to sue in Michigan. Imago argued that See, Inc. is an Australian corporation and that, although Michigan residents can access its Web site on the Internet, no Michigan resident has every contacted See, Inc. via its Web site. Therefore, a U.S. Court does not have jurisdiction to hear this case. Source: See, Inc. v. Imago Eyewear Party, Ltd., 167 Fed.Appx. 518 (6th Cir. 2006)
Can See, Inc. sue Imago Eyewear in Michigan?
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VerifiedFor this activity, we are to determine if the court has jurisdiction in the given scenario.
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