5th Circ. Revives False Ad Action V. Software Co.

Law360, New York (February 24, 2011, 8:01 PM EST) -- The Fifth Circuit on Thursday reversed a district court ruling that four real estate appraisers lacked standing under the Lanham Act to launch a false advertising class action against software developer FNC Inc.

The Lanham Act covers precisely the two kinds of injuries the plaintiffs alleged: that their commercial interests had been harmed by FNC's false advertising and that the false advertising had led to lost profits, the Fifth Circuit ruled.

The plaintiffs had met four of the five tests for prudential standing under the law,...
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