The U.S. Supreme Court held in 2014 that the Lanham Act’s false advertising provision governs only commercial, not consumer, injuries. On April 4, 2023, while acknowledging that the distinction between commercial and consumer...more
In Lexmark Int’l, Inc. v. Static Control Components, Inc. (March 25, 2014), the Supreme Court unanimously held that "to invoke the Lanham Act’s cause of action for false advertising, a plaintiff must plead (and ultimately...more
SPECIAL FOCUS: Supreme Court Adopts Broad Standing Test for False Advertising Plaintiffs - On March 25th, the Supreme Court issued its long-awaited opinion regarding the test for standing in false advertising cases...more