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Standing Lexmark v Static Control Components

McDermott Will & Emery

Trademark Cancellation Is Appropriate Sanction for Misconduct

McDermott Will & Emery on

In upholding a grocery store chain’s standing to petition for cancellation of a US trademark registration, the US Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB’s) express...more

Knobbe Martens

Lexmark Framework to Determine Eligibility to Bring Statutory Causes of Actions Applies to Trademark Cancellation Proceedings

Knobbe Martens on

CORCAMORE, LLC v. SFM, LLC - Before Reyna, Chen, and Hughes. On appeal from the Trademark Trial and Appeal Board. Summary: Whether a party has satisfied the requirements to bring a petition for trademark cancellation...more

Proskauer - Advertising Law

District Court Judge Finds that Herbal Extract Manufacturer Fails to Capture the Essence of a Lanham Act Claim

In a recent application of the Supreme Court’s 2014 Lexmark decision on standing, Judge Katharine Hayden of the District of New Jersey held last month that an herbal extract manufacturer allegedly misled by its supplier into...more

Jones Day

Standing to Enforce Foreign Trademark Rights After Belmora v. Bayer Certiorari Denial

Jones Day on

On February 27, 2017, the Supreme Court of the United States denied certiorari in Belmora LLC v. Bayer Consumer Care AG, 819 F.3d 697 (4th Cir. 2016), cert. denied, __ S. Ct. __, 2017 WL 737826 (U.S. Feb. 27, 2017) (No....more

WilmerHale

Belmora v. Bayer: Does the Lanham Act Protect An Owner of a Well-Known Foreign Mark From Intentional Misuse of the Mark in the...

WilmerHale on

In Belmora LLC v. Bayer Consumer Care AG,1 the U.S. Court of Appeals for the Fourth Circuit is faced with novel issues about the reach of the Lanham Act. The case arose from Bayer’s filing of a petition to cancel Belmora’s...more

Proskauer - Advertising Law

A Yarn Spun, But Advertising Not Tailored to a Lanham Act Claim

In a recent application of the Supreme Court’s 2014 Lexmark decision on standing, the Court of Appeals for the Third Circuit held last month that a yarn retailer who alleged it was misled by its supplier into purchasing...more

Akerman LLP

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

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

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

Foley & Lardner LLP

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

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

McDermott Will & Emery

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

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

Eversheds Sutherland (US) LLP

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

Bradley Arant Boult Cummings LLP

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

Patterson Belknap Webb & Tyler LLP

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

Faegre Drinker Biddle & Reath LLP

US Supreme Grants Cert in False Advertising Case

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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