sales made to individuals traveling across state lines is commerce which congress may regulate and it has consistently held that there is no the minimum sir trivial exception any sale to an out of state purchase commerce is all commerce which congress may regulate and the supreme court has consistently held that there means all comers and there is versus right help that were a class of activity affects commerce such that it may be regulated by congress individual instances within their class are likewise within congress's commerce clause power even instances that may be trivial or de minimu and there is no requirement that the instances the individual instances by themselves be shown to have any effect on commerce to make any difference that this case involves trade in goods as opposed here congress sought to give usin commerce the broadest meaning possible in order to extend the benefits of the lanham act as broadly as possible and because the u s supreme court and this court have recognized that sales mate individuals traveling across state lines affect commerce and may be regulated by congress and the sale any sale of a trademark product to an individual traveling across commerce and that that entitles the the trademark to federal registration accordingly your honor the church yes this court to vacate the board's decision and to remain and for consideration of the wrote to the church on february twenty third two thousand and five for the purchase of two hats it's a preprinted check and it shows her address as being in wisconsin the check is self authenticating because it's commercial paper  business record of the church and it does not have to have been created by the church the church doesn't have to have seen it be created the requirement under eight zero three six is that the check have been retained in the records of the church and relied on by the church and there was  correct and airily and forwarders says specifically that the church doesn't have to a mate the record doesn't have to have seen the record being made as long as it is in the records of the church then it qualifies as a business record under eight zero three s evidence was there was one sale that was made solely in illinois who sold the interstate it was a state's interest it never crossed state lines you're saying it's interesting correct there's no law of the case and i'm aware of that the you would have a different outcome in this case according to yes your honor yes but that the law requires that traditionally the courts in the board i isn't it transported in congress so she takes it across state lines once the transport has to be f the congregation is made up of of residents from the two different states rather than the record in the record shows does not show how many residents were in wisconsin at the time that the that there were two hundred residents that were members of the church in two thousand and five there was no evidence of record indicating how many residents lived in wisconsin with at the time that these applications were filed and that's that's a good point distinction what fa talk about how there might be one instance or the particular instance in which they're looking at that case might be small but when they look at all the uses in the aggregate this is an area which congress could regulate are you suggesting that in this case you take a different approach to the standard that we should be applying in determining whether congress could regulate this as interstate commerce in other words do we just look at the wanted to vidual instance or do we review it in the same way as you do and  but certainly under wickard one sale to an out of state customer would be interstate commerce you are right maybe under the statute that we could see that piece dealt with a regulatory statute not talk that this is your problem you're trying to argue of each individual case and how many sales the lanham act regulates all interstate commerce right and so interstate commerce as defined by all these cases can include because it may in the aggregate under all kinds of transactions involve just one sale and you are right the lanham act because you may have a bunch of different trademark holders that only make one sale outside  say i'm not talking about specific facts in this case congress can even if there was proof that there's a bunch of these companies that only make incidental sales or one sale out of state or it's just by chance that's out of  but they could still regulate that activity whether it's for trademark if they wanted it act a federal sales tax any number of statutes they don't have to show substantial numbers of interstate travelers or  life to regulate that activity they just have to show that there might be one interstate sale is that a correct view of the law they have to show more than just it was once at the show that there was an effect on interstate commerce by that one cell well and one so it could affect interstate circumstances so the other circumstances were again it was it was in one sale in a local bookstore in illinois this books always open two hours a week it was just that the the quote the amount of the sale was  minimal so it was more than just it was just they didn't put it quantified a numerical test on the on the on whether or not there was an effect on the interstate commerce they looked at all the factors assume that we were true to reverse on the only question dealing with the interstate commerce what else would there be left to do do we have to remap to resolve any other issues we there were three claims that were brought to trial this nine use claims one of the three claims there was also an aband your argument about chipping would make a difference had the church shipped that you have the outcome would be different how can that be under larry are meant for example where found that they were the court there so there was no threshold there was there was much more evidence to show that there was an effect on interstate commerce i believe that the court there said that those fifteen fifteen percent of customers that that were serve one out of state customer and it's entire history but they still have to abide with all the civil rights laws they still have to abide by all the other federal statutes that were passed under the commerce clause even if they only have ever had one arrest one customer frankly they don't even have to have one out of say customer they just have to show that they engage in some kind of commerce that may affect it's really brought brooke i don't think it's broad would you be arguing that that's an improper definition of interstate commerce under the supreme court case customer or an interstate customer would be use in commerce is what they wanted and that's not the statute your honor the statute specifically requires that there be use in commerce or could be an interstate sale that has an effect on interstate commerce and the boortz clearly said the check as proof that this person lived in wisconsin but we don't know who the check there was no testimony saying indicating who drew the check there was no gonzales we've got pereira's even wickard where the supreme court has said you can't excise as trivial individual instances that fall within a class of activity and