Aktieselskabet (Bestseller) (plaintiff), a Danish corporation, sold jeans in foreign countries under the name “Jack & Jones.” The brand was very successful abroad, with registered trademarks in 46 countries. In 2003, Bestseller commenced a planned expansion of the Jack & Jones brand into the United States. Bestseller conducted research and marketing in the United States. In January 2004, Fame Jeans, Inc. (defendant), a separate company, sought to register “Jack & Jones” as a trademark in the United States. In December 2004, Bestseller also filed an application to register Jack & Jones. Upon learning of Fame’s pending application, Bestseller filed an opposition. The Trademark Trial and Appeal Board granted summary judgment to Fame because Bestseller had never used the mark in commerce in the United States. The district court affirmed and dismissed Bestseller’s claims. Bestseller appealed.