TNSG Health Co., Ltd., et al. v. Murray Colin Clarke, et al.

Under the Lanham Act, any “trademark used in commerce” may be registered. 15 U.S.C. § 1051. That “used in commerce” standard is more lenient than the standard required for trademark infringement, which demands that the allegedly infringing mark have been “use[d] in commerce * * * in connection with the sale, offering for sale, distribution, or advertising of any goods or services.” 15 U.S.C. § 1114 (emphasis added). The question presented is whether the Ninth Circuit erred in nevertheless holding, in direct conflict with the unanimous holdings of various other federal courts, that a plaintiff can satisfy the infringement standard by alleging mere registration. (i)