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ARTICLE · 26 MARCH 2014

Supreme Court Decision Alert - March 25, 2014

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The Lanham Act creates a federal private cause of action for "any person who believes that he or she is or is likely to be damaged" by false advertising or unfair competition. 15 U.S.C. § 1125(a)(1)(B).

United StatesLitigation, Mediation & Arbitration

Today (March 25, 2014) the Supreme Court issued two decisions, described below, of interest to the business community.

  • Lanham Act—Standing to Bring False-Advertising Claim
  • Federal Insurance Contributions Act—Tax Consequences of Severance Payments Upon Involuntary Termination

Lanham Act—Standing to Bring False-Advertising Claim

Lexmark International, Inc. v. Static Control Components, Inc., No. 12-873 (previously discussed in the June 3, 2013, Docket Report)

The Lanham Act creates a federal private cause of action for "any person who believes that he or she is or is likely to be damaged" by false advertising or unfair competition. 15 U.S.C. § 1125(a)(1)(B). Today (March 25, 2014), in Lexmark International, Inc. v. Static Control Components, Inc., No. 12-873, the Supreme Court held that, to bring a claim under the Lanham Act, a party must allege that (1) injury to a commercial interest in sales or business reputation (2) proximately caused by the

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