SCOTUS prints clear battle lines for false advertising claims

Ruling in Lexmark v. Static brings clarity to test for standing

In an important opinion regarding standing for false advertising suits in the United States, the U.S. Supreme Court on March 25 this year ruled that Static Control Components Inc. had standing to sue Lexmark International Inc. for false advertising.

The Court's decision in Lexmark International Inc. v. Static Control Components Inc. marks an important turning point in a long running battle for Static. It has other benefits, including effectively doing away with Circuit Court forum-shopping — a problem that had plagued defendants against false advertising claims until the ruling.

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Scott Slavick

Scott Slavick is a shareholder at Brinks Gilson & Lione, where his practice focuses primarily on trademark prosecution and trademark litigation. Scott maintains all aspects...

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