Firm Memoranda

SCOTUS: Lexmark Int'l, Inc. v. Static Control Components, Inc., New Standing Test for False Advertising and False Association Claims under the Lanham Act

Date: 03/27/14

In Lexmark Int'l, Inc. v. Static Control Components, Inc., the Supreme Court of the United States held that to have standing for a false advertising or false association claim under the Lanham Act, a plaintiff must show that the defendant's deception proximately caused reputational or economic harm. In so ruling, the Court replaced three different Lanham Act standing tests adopted by various Circuit Courts of Appeal.

CGR Memo - SCOTUS - New Standing Test for False Advertising and False Association Claims under the Lanham Act.pdf (pdf | 130.89 KB )