The legal definition of commerce has little relation to the dictionary definition. A Webster's dictionary is useless in a court room. The definition of commerc

The legal definition of commerce has little relation to the dictionary definition. A Webster's dictionary is useless in a court room. The definition of commerce used in the Lanham Act is explicitly "all commerce which may be regulated by Congress", which is extraordinarily broad, as the commerce clause of the Constitution is the basis of probably 90% of laws Congress passes. There doesn't even have to be interstate commerce involved, merely a substantial effect on it -- which is why Congress can regulate policy that affects businesses that engage in interstate commerce, even if the thing they're regulating isn't itself interstate commerce. They also regulate businesses that do not engage in interstate commerce but whose operation has an effect on interstate commerce as a whole. Suffice it to say, there are lots of ways you can create a piece of software that is not directly sold across state lines but has an effect on commerce, and that subjects it to the Lanham act and all other federal commerce regulations.