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.

Whether the Ninth Circuit erred in holding that a plaintiff can satisfy the Lanham Act trademark infringement standard under 15 U.S.C. § 1114 by alleging mere registration, contrary to the requirement that an infringing mark be used in commerce in connection with the sale, offering for sale, distribution, or advertising of goods or services