The AAI has filed an amicus brief asking the U.S. Supreme Court to consider the competitive effects of deception when deciding whether plaintiffs have prudential standing to challenge false advertising under the Lanham Act. The Court granted certiorari in *Lexmark International, Inc. v. Static Control Components, Inc.* to resolve a circuit split over the prudential standing considerations that govern an injured plaintiff’s ability to challenge false advertising under the Lanham Act’s unfair competition provision, Section 43(a). AAI urged the Court to reject a categorical test, which would limit standing to direct competitors, and the *Associated General Contractors* test used in antitrust, which has weakened antitrust enforcement by placing undue limits on antitrust standing. Instead, the AAI asked the Court to adopt an alternative test that would effectuate the Lanham Act’s core policy goal, which is to broadly deter anticompetitive deception. Because of practical limitations on alternative enforcement mechanisms, including the antitrust laws, private Lanham Act claims play a central role in policing deception and ensuring accurate information in the marketplace.
The brief was written by AAI Senior Counsel Randy Stutz and AAI Special Counsel Sandeep Vaheesan, with assistance from AAI General Counsel Rick Brunell.