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... links constitutes a "use" within the meaning of the Lanham Act. See Hearts on Fire Company, LLC v. Blue Nile, Inc., Case No. 08-cv-11053 (D. ... has yet to address this issue), United States District Judge Nancy Gertner, in denying Blue Nile's Motion to Dismiss, decided to follow the Ninth and Tenth Circuit ... in commerce, even if the trademark is never affixed to the goods themselves. In effect, one company has relied on its competitor's trademark to place advertisements for its own products in front ...