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My Australian CCTV Software "EagleEye"

I am an Australian Company. I develop and sell software for CCTV Systems. For confidentiality purpose, let's call it 'Eagle-Eye'

Company in US has CCTV lens named "EagleEye"

Today I realized that a large Company in the US already has a registered trademark for one of its products. Its product is a CCTV lense (not a CCTV System software like mine), also called 'Eagle Eye'. This product name came into the market before me.

I sell through the web, some clients from the US

My marketing presence is mainly on the web. I have a website called 'Eagle-Eye.com' whereas the US company owns 'EagleEye.com'. I do pay google ads (that cover the US region too). From there I get email inquiries worldwide. And off course, I do have a few clients from the US.

My simple question: Am I screwed?

I understand that trademarks are based on industries, but this is the same CCTV industry but we are just selling different things. Our customers may or may not get confused. There already has been confusion when they google search 'Eagle Eye'

Any advice is appreciated. Thanks!

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Assuming it's this trademark: yes, you're screwed

Video cameras and cameras for video conferencing; computer software for voice and video conferencing and data collaboration, none of the foregoing related to mobile phone software or remote surveillance

This is a validly registered trademark with international coverage providing goods and services so closely related to yours that the chance for confusion is very high. You would not survive a challenge.

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  • Thank you Dale. Disclaimer, EagleEye is not the name of my product.. just using it for reference. – user1034912 Aug 31 '20 at 6:33

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