TRADEMARK INFRINGEMENT UNDER THE LANHAM ACT
To prevail on a trademark infringement claim for a registered trademark, a plaintiff must establish that: “(1) it has a valid mark that is entitled to protection under the Lanham Act; and that (2) defendant used the mark; (3) in commerce; (4) ‘in connection with the sale … or advertising of goods or services’ … (5) without the plaintiff’s consent.” 1-800 Contacts, Inc. v. WhenU.com, Inc., 414 F.3d 400, 406 (2d Cir. 2005) (citing 15 U.S.C. §1114(1)(a)). A mark is used in commerce if it is placed on goods, their containers, displays, labels ,or documents associated with the goods and sold in commerce. 15 U.S.C. §1127.
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