Amicus Brief

Lexmark International Inc. v. Static Control Components, Inc.

Published: October 22, 2013


U.S. Supreme Court

Our Position

The Court should resolve a three-way split among the Circuit Courts of Appeal with respect to the proper analysis of prudential standing for false advertising claims brought under Section 43(a) of the Lanham Act by adopting the broad and flexible “reasonable interests” test applied by the Second and Sixth Circuits. In adopting this uniform standard, the Court should reject the two alternative prudential standing tests for Section 43(a) claims—the “categorical” test and “AGC Factors” test—advocated for by the petitioner and applied by other Circuits.


The Supreme Court rejected all previous tests applied by the courts and fashioned a new test for bringing a false advertising claim under the Lanham Act. Read the decision here.