May 12, 2014
On March 25, 2014, the Supreme Court issued its decision in Lexmark International, Inc. v. Static Control Components, Inc. The question in this case was how to appropriately determine a party's standing to bring a cause of action for false advertising under the Lanham Act.
In a unanimous decision delivered by Justice Scalia, the Supreme Court held that Static Control adequately pleaded the elements of a Lanham Act cause of action for false advertising. The decision of the Sixth Circuit was affirmed.
To discuss the case, we have Professor David Olson, who is an Associate Professor of Law at the Boston College Law School.