Tag Archives: standing

Reading list: trademark standing after Lexmark

Posted on November 2, 2015 by rtushnet

John L. Brennan, Determining Trademark Standing in the Wake of Lexmark, 90 Notre Dame L. Rev. 1691 (2014). I like it:   Although the Court’s decision in Lexmark has resolved the debate over the issue of standing for false advertising … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Lexmark means what it says, except when it says not to use the word “standing”

Posted on October 8, 2015 by rtushnet

New Jersey Physicians United Reciprocal Exchange v. Boynton & Boynton, Inc., Nos. 12-5610, 13-2286, 2015 WL 5822930 (D.N.J. Oct. 1, 2015)   Plaintiff NJ PURE sued Boynton, who added third-party defendants Joanna Elias and Eric Poe. Boynton is an insurance … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Third Circuit confirms that consumers still lack Lanham Act standing

Posted on September 8, 2015 by rtushnet

Knit With v. Knitting Fever, Inc., — Fed.Appx. —-, 2015 WL 5147749, No. 12–3219 (Sept. 2, 2015)   This long-running, contentious litigation comes to an end (perhaps) with the court of appeals’ affirmance of the district court’s rejection of various … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Native American Arts lacks standing to sue under IACA

Posted on June 12, 2015 by rtushnet

Native American Arts, Inc. v. Peter Stone Co., 2015 WL 3561439, — F. Supp. 3d –, No. 08 C 3908 (N.D. Ill. June 9, 2015) (magistrate judge)   NAA sued Stone under the Indian Arts and Crafts Act (IACA), which … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Restitution available for false discounts even if goods were ok

Posted on April 9, 2015 by rtushnet

Spann v. J.C. Penney Corp., 2015 WL 1526559, No. SA CV 12–0215 (C.D. Cal. Mar. 23, 2015)   Spann brought the usual claims against JCP based on purchases she made shopping the sale racks. She believed that she was getting … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment