LaFrance on Standing to Bring False Advertising Claims under Section 43(a) of the Lanham Act: Lexmark Int'l Inc. v. Static Control Components, Inc., 697 F.3d 387 (6th Cir. 2012), cert. granted, 133 S.Ct. 2766 (June 3, 2013) (PDF)
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In the never-ending toner wars, ink will once again be spilled as the Supreme Court considers a false advertising dispute in Lexmark Int'l v. Static Control Components. The Court has been asked to address a standing question: Can a Lanham Act false advertising claim be brought only by a defendant's direct competitors, or is some other kind of "harm" sufficient to confer standing? The opinion is expected to resolve a three-way circuit split.
Mary LaFrance is the IGT Professor of Intellectual Property Law at the William S. Boyd School of Law, University of Nevada, Las Vegas. Prior to joining the Boyd School of Law, Professor LaFrance served on the faculty of the Florida State University College of Law and the Florida State University School of Motion Pictures, Television, and Recording Arts. She is the author of numerous books and law review articles on domestic and international intellectual property law, as well as the taxation of intellectual property. Her books include Intellectual Property Cases and Materials (West 4th ed. 2012) (with David Lange, Gary Myers, and Lee Ann Lockridge), Understanding Trademark Law (Matthew Bender 2d ed. 2009), Copyright Law in a Nutshell (West 2008), Global Issues in Copyright Law (West 2009), and Understanding Intellectual Property Law (Mathew Bender 2011) (with Donald Chisum, Tyler Ochoa, and Shubha Ghosh).
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