On motion to dismiss for lack of subject matter jurisdiction and failure to state a claim, the "use in commerce" requirement for Lanham Act claims was satisfied by French company's use of domain name www.argos-europe.com for information site about spinal surgery.  Also, the ACPA requirement of "bad faith intent to profit from the mark" does not require allegation of an intent to sell the domain name; allegation of use to trade on goodwill and to generate confusion is sufficient. ARGOS v. Orthotec LLC, 71 U.S.P.Q.2d 1203 (D.Del. 2004).