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False Marking Statute Allows Anyone To Sue

There are two very different views of Raymond Stauffer. He asserts he's a public-spirited citizen who went to court to stop corporate misconduct. The company he sued, Brooks Brothers, claims Stauffer is a busybody, butting into something that isn't his concern. In legal terms, the company claims Stauffer lacks standing to sue.

A federal district court in New York agreed with Brooks Brothers, and threw out Stauffer's false patent marking lawsuit.

Protecting the Public

The case began when Stauffer went shopping at a New Jersey mall, and he noticed something odd about the Brooks Brothers bowties on sale. Each bowtie had a label stating it was covered by patent numbers 2,083,106 and 2,123,620.

Strict Standard

Although the Federal Circuit reinstated Stauffer's lawsuit, the case may never get to trial. The Federal Circuit ordered the trial court to rule on another Brooks Brothers' motion, which seeks to dismiss the case under Rule 12(b)(6) for failing to state a plausible claim to relief.


Steven Seidenberg

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