In a trademark infringement action, arising after defendant purchased Trader Joe's goods in the United States and resold them at a mimic store in Canada, the district court's dismissal of plaintiff's Lanham Act claims is reversed where: 1) the extraterritorial application of the Lanham Act is a question as to the merits of a trademark claim instead of federal courts' subject-matter jurisdiction; and 2) Trader Joe's alleges a nexus between defendant's conduct and American commerce sufficient to warrant extraterritorial application of the Lanham Act.