From that page (my emphasis): > In a nutshell, a plaintiff in a trademark case has the burden of proving that the defendant's use of a mark has created a likel

From that page (my emphasis): > In a nutshell, a plaintiff in a trademark case has the burden of proving that the defendant's use of a mark has created a likelihood-of-confusion about the origin of the defendant's goods or services. In this case, the defendant was not selling goods or services i.e., not engaging in trade.