Key Decision Fails To Resolve Question Of Standing

Law360, New York (July 31, 2007, 12:00 AM EDT) -- Recently, the Eleventh Circuit issued a noteworthy decision concerning standing to sue for false advertising under the Lanham Act.

In Phoenix of Broward Inc. v. McDonald’s Corp., __ F.3d __, 2007 WL 1791886 (11th Cir. June 22, 2007), the Eleventh Circuit affirmed the dismissal, for lack of standing, of a false advertising suit against McDonald’s by a direct competitor, a Burger King franchisee.

In its decision, the Eleventh Circuit declared it was joining the Third and Fifth Circuits in applying a five-factor test to determine Lanham...
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