A New Test For False Ad Standing Under Lanham Act

Law360, New York (April 8, 2014, 6:13 PM EDT) -- ​On March 25, 2014, the U.S. Supreme Court in Lexmark International Inc. v. Static Control Components Inc., ruled that a two-part inquiry pairing the zone-of-interests test and a proximate-cause requirement applies when determining standing for false advertising claims under the Lanham Act, 15 U.S.C. § 1152(a). In so holding, the court rejected the three tests that had been developed and applied by the circuit courts in favor of an inquiry grounded in principles that, according to the court, are traditionally applied to statutorily created causes of action.

Lexmark manufactured and sold laser printers, as well as toner cartridges for those printers....

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