High Court Clears Up False Ad Standing In Lexmark Ruling

Law360, New York (March 25, 2014, 8:46 PM EDT) -- The U.S. Supreme Court's decision Tuesday in favor of Static Control Components Inc. settled a circuit split that had gotten particularly messy, replacing three dueling standards with a simple, back-to-basics test to determine who is allowed to sue for false advertising under the Lanham Act.

The situation had been in need of some cleaning up. If a company sued for federal false advertising in Los Angeles, it had to show that the disparagement came from a "direct competitor" to win standing; if the same company sued in New York, it had to show only that it had a "reasonable interest to be protected"...

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