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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