Downloading images from plaintiff's US website is not sufficient for domestic copyright infringement, as fixation happens when the image is reproduced for the foreign viewer.
Taking photographs of US restaurants in support of a scheme of actual copying abroad doesn't infringe, as the act of taking photos of these buildings didn't infringe.
Generally, the predicate act test requires an act of domestic infringement.
Tourist confusion as harm would impermissibly broaden the effects-based extraterritorial scope of the Lanham Act.
Visit for the purpose of infringement was not Trespass.
No abuse of discretion in denial of surreply, as party had two opportunities to weigh in on the issue.