Bloomberg Law
Free Newsletter Sign Up
Bloomberg Law
Welcome
Go
Free Newsletter Sign Up

Supreme Court: Non-Competitors May
Have Standing for False Advertising Claim

March 26, 2014, 4:00 AM

A maker of parts to be used to make replacement toner cartridges for a laser printer has standing to bring a false advertising claim against the printer manufacturer even though the parties do not compete directly in the same market for goods, the U.S. Supreme Court ruled unanimously on March 25 (Lexmark Int’l, Inc. v. Static Control Components, Inc., U.S., 12-873, 3/25/14).

The court rejected the plaintiff’s argument that the appropriate test was a multi-factor test for “prudential standing” as set forth by Associated General Contractors of California Inc. v. California State Council of Carpenters (459 U.S. ...