The Lanham Act plainly refers to someone who, without authorization, uses or imitates another's mark in such a
way as to possibly cause confusion. Confusion is the benchmark of Trademark Infringement. Without confusion there is no infringement.
The Lanam Act states:
Sec. 1114. - (1) Any person who shall, without the consent of the registrant -The wording is sepcific. The Lanham Act refers to "counterfeits" and "reproductions". Lawfully acquired copyrighted fabric and other articles do not fall into the the categories defined in the Lanham Act. But, unethical corporate lawyers use the phrase "without the consent of the registrant" to foist the "unauthorized" attack upon lawful use of the fabric and other articless. What these corporate lawyers fail to disclose, or even mention, is that unauthorized use is not equivalent to unlawful use. But they act as though it is.
The Lanham Act also states that the "registrant" cannot recover damages if the offender did not intend to cause confusion or did not intend to deceive the public. The burdon of proof is on trademark owner to prove intent.