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Lexmark Standing

False Advertising Liability for Affiliate Marketing

by Foley & Lardner LLP on

The proliferation of e-commerce websites along with the rise of social media, blogging, and online communities has greatly increased the importance of affiliate marketing. Affiliate marketing allows an affiliate to earn a...more

The Supreme Court Resolves a Circuit Split Regarding Standing to Sue for False Advertising Under the Lanham Act

by Akerman LLP on

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

Supreme Court Establishes a New Test for False Advertising Standing Under Lanham Act

On March 25, 2014, the Supreme Court issued its opinion in Lexmark International Inc. v. Static Control Components Inc., holding that a two-prong analysis comprised of the "zone-of-interests" test and a "proximate-cause"...more

MarkIt to Market - April 2014

The April issue of Sterne Kessler's MarkIt to MarketTM newsletter contains a cautionary tale regarding use of social media, a clarified test for false advertising standing, updates to Canada's Trade-marks Act, and an updated...more

The Supreme Court Redefines Standing Test for Lanham Act False Advertising Claims

by Foley & Lardner LLP on

On March 25, 2014, the Supreme Court clarified the standing requirements for false advertising claims brought under the Lanham Act. In Lexmark Intl., Inc. v. Static Control Components Inc., 572 U.S. ___ (2014), the Court, in...more

SCOTUS Clears District Court Jam Over Test for Standing in False Advertising Cases

Printing has not been this interesting since Dwight Schrute and Jim Halpert bickered over paper sales and Michael Scott told off-color jokes in “The Office.” Last week, the U.S. Supreme Court stepped into the laser...more

Non-Direct Competitors May Sue Under the Lanham Act, Doctrine of Prudential Standing Eliminated

by McDermott Will & Emery on

The Supreme Court of the United States swept away the different standards for Lanham Act prudential standing previously applied by the courts of appeals, and expressly discarded the amorphous concept of prudential standing in...more

U.S. Supreme Court Clarifies Standing Requirements for Lanham Act False Advertising Claim

A unanimous U.S. Supreme Court held Tuesday that a plaintiff may bring a false advertising claim under the Lanham Act, 15 U.S.C. § 1125(a), even where the plaintiff is not a direct competitor of the defendant. A false...more

U.S. Supreme Court Standardizes Standing Analysis for False-Advertising Claims Under the Lanham Act

On March 25, 2014, the Supreme Court held that false-advertising claims brought under the Lanham Act are not limited to direct competitors of the allegedly false advertiser. Instead, the Act authorizes any person to bring an...more

Supreme Court Clarifies Standing For False Advertising Cases

On March 25, 2014, the United States Supreme Court issued a unanimous decision resolving an important issue that has implications for companies seeking redress for false advertising and disparagement. In Lexmark...more

Advertising Law -- Jun 20, 2013

Supreme Court to Consider Lanham Act Standing - What factors should determine standing to sue for false advertising under the Lanham Act? The U.S. Supreme Court has agreed to answer that question in a case from...more

Supreme Court Agrees to Hear Case on Standing in Lanham Act False Advertising Cases

by Proskauer Rose LLP on

On June 3, the U.S. Supreme Court granted the certiorari petition of Lexmark International Inc. ("Lexmark"). Lexmark sought cert to resolve a three-way split among the federal circuit courts regarding how to determine whether...more

False Advertising: Supreme Court to Decide Who Can Sue

The Supreme Court has recently agreed to hear argument in Lexmark v. Static Control that will strike at the very heart of false advertising jurisprudence by asking who is allowed to bring false advertising claims. The Lanham...more

U.S. Supreme Court To Decide Standing Requirement To Bring False Advertising Claim

by Carlton Fields on

In certain states, only an actual competitor may bring a false advertising claim under the Lanham Act....more

US Supreme Grants Cert in False Advertising Case

by Faegre Baker Daniels on

Today the US Supreme Court granted cert in the false advertising case, Static Control Components, Inc. v. Lexmark Intl., Inc., 697 F.3d 387, 104 U.S.P.Q.2d 1352 (6th Cir. 2012). ...more

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