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Article: Eleventh Circuit Issues Important Decision on Standing to Assert Lanham Act False Advertising Claims.
- Article from:
- Mondaq Business Briefing
- Article date:
- July 27, 2007
CopyrightCOPYRIGHT 2007 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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On June 22, 2007, the Eleventh Circuit issued a noteworthy decision concerning standing to sue for false advertising under the Lanham Act. In Phoenix of Broward, Inc. v. McDonald's Corp., __ F.3d __, 2007 WL 1791886 (11th Cir. 2007), the Eleventh Circuit affirmed the dismissal, for lack of standing, of a false advertising suit against McDonald's by a Burger King franchisee that was a direct competitor of McDonald's. In reaching this decision, the Eleventh Circuit declared that it was joining the Third and Fifth Circuits in applying a five-factor test to determine whether a plaintiff has so-called "prudential" standing to sue under the Lanham Act, and rejected both the ...