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Testing Standing Under The Lanham Act

Law360 (February 8, 2011, 2:25 PM EST) -- The U.S. Court of Appeals for the Second Circuit recently upheld the application of the “reasonable interest test,” as opposed to the more stringent “Conte Brothers test,” when determining standing in unfair competition claims brought under the Lanham Act.

In Famous Horse Inc. v. 5th Ave. Photo Inc., 624 F.3d 106 (2d Cir. 2010), the court rejected the more complicated standing analysis employed by several other circuits, though a lengthy dissent suggested that the alternative analysis remains vital, if not mandatory. This article discusses the standing...
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