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False Advertising and Indirect Competitors
: A lawsuit between two parties involved in printer cartridge manufacturing has trudged on with little notice for more than a decade. But the most recent ruling in the case has gotten quite a bit of attention. That’s because it was made by the U.S. Supreme Court, which resolved a split among the federal courts of appeals over which parties can bring claims for false advertising. After noting that three competing approaches have developed for determining whether a plaintiff has standing to sue under the Lanham Act, the Court adopted an entirely new two-part test. This article concludes that the ruling could embolden more indirect competitors to pursue false advertising claims.