Supreme Court Docket Report - June 3, 2013

Keywords: Lanham Act, false-advertising claim, unfair competition

Lanham Act - Standing To Bring False-Advertising Claim

Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)) creates a federal private cause of action for false advertising and unfair competition. This cause of action encompasses, among other things, false statements made by competitors about each other's products. Section 43(a) grants standing to bring a claim to "any person who believes that he or she is or is likely to be damaged" by the allegedly false advertising or unfair competition. 15 U.S.C. § 1125(a)(1)(B). Although the grant of standing appears quite broad on first reading, it has been circumscribed to varying degrees by courts applying prudential limitations on its scope. Today, the Supreme Court granted certiorari in Lexmark International, Inc. v. Static Control Components, Inc., No. 12-873, to resolve a circuit split concerning the proper test for determining whether a plaintiff has