Key Takeaways -
- The US Supreme Court created a uniform test for standing for false advertising claims under Section 43(a) of the Lanham Act, resolving a three-way circuit split.
- The new standing test requires the plaintiff to allege and prove that it suffered an injury to a commercial interest in sales or business reputation, and that such injury was proximately caused by the defendant's alleged misrepresentations.
- The Court closed the courthouse doors to consumer class action suits under Section 43(a), pointing to the commercial interest requirement.
- The decision may prompt speculation regarding uncertainty as to standing for other claims under Section 43(a), including claims for infringement of unregistered trademarks.
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