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Perspective

Apr. 11, 2014

High court resolves Lanham Act circuit split

The U.S. high court recently resolved a three-way split amonth the circuits regarding who has standing to bring a false advertising claim. By David B. Sandelands


By David B. Sandelands


In its recent opinion in Lexmark International v. Static Control Components Inc., 2014 DJDAR 3736 (March 25, 2014), the U.S. Supreme Court resolved a three-way split among the circuit courts regarding who has standing to bring a Lanham Act false advertising claim. Prior to Lexmark, some circuits, including the 9th U.S. Circuit Court of Appeals, applied a relatively narrow, categorical test limiting false advertising claimants ...

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