Court Opens Lanham Claims to Non-Direct Competitors - McDermott Will & Emery

Court Opens Lanham Claims to Non-Direct Competitors

Overview


M. Miller Baker, who successfully represented component maker Static Control in the Supreme Court’s unanimous Lexmark decision which affirmed the client’s standing to sue under the Lanham Act, predicted that the ruling would be one that “law students will read in Federal Courts classes for years to come” because it effectively does away with what he described as the “amorphous and confusing” concept of “prudential standing” that has sometimes been used to limit parties’ standing to sue under federal laws.