March 26, 2014

US Supreme Court Sets Forth Standing Requirement for Lanham Act Section 43(a) False Advertising Claims, Rejecting Requirement of Direct Competition

Summary: Significant for litigators and would-be litigants alike, the US Supreme Court’s unanimous decision in Lexmark Int’l, Inc. v. Static Control Components, Inc. unifies and clarifies the law of false advertising standing across all circuits and, at least in some jurisdictions, expands the ranks of potential plaintiffs seeking to assert Lanham Act false advertising claims against noncompetitors.

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