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Article: In Dog of Case, Ninth Circuit Declines to Extend Standing to Bring Lanham Act "False Advertising" Claim to Non-Competitors.
- Article from:
- Mondaq Business Briefing
- Article date:
- July 7, 2005
CopyrightCOPYRIGHT 2005 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Addressing standing to bring a "false advertising" claim under s.43(a) of the Lanham Act, the U.S. Court of Appeals for the Ninth Circuit has confirmed that a plaintiff must show: (1) a commercial injury based upon a misrepresentation about a product and (2) the injury is competitive or harmful to the plaintiff's ability to compete with the defendant. Jack Russell Terrier Network v. American Kennel Club, Case No. 02-17264 (Ninth Cir. May 17, 2005) (Gould, J.).
Respondent Jack Russell Terrier Club of America (JRTCA) publishes True Grit, a national, bimonthly magazine dedicated to Jack Russell Terriers. Appellants Georgia Fisher and Claudia Sprague, former Jack ...