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Shaffer Quoted in Law360 on Supreme Court’s Lanham Act Ruling

March 25, 2014

In connection with the case of Lexmark International Inc. v. Static Control Components Inc., the U.S. Supreme Court has clarified the standard for bringing false advertising claims under the Lanham Act, resolving a three-way split among the circuit courts. Olshan Partner Scott Shaffer was one of the handful of attorneys that Law 360 quoted on the ruling’s significance. Shaffer notes that, "Lexmark was not found guilty of anything yet. The Supreme Court decision only allows Static Control’s Lanham Act claims to go forward. However, today’s decision makes it riskier for one business to disparage another that sells related products. Lexmark and Static Control were not direct competitors and previously, some courts only allowed Lanham Act claims to be made by direct competitors. But the Supreme Court disagreed and broadened the categories of businesses that can sue under this powerful statute. The new nationwide standard now extends Lanham Act protection to businesses within the zone of interests (unfair competition, false advertising, trademark infringement) protected by the statute."


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