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New note on 43(a)(1)(A) standing

By Rebecca Tushnet

Peter S. Massaro, III, Filtering Through a Mess: A Proposal to Reduce the Confusion Surrounding the Requirements for Standing in False Advertising Claims Brought Under Section 43(a) of the Lanham Act, 65 Wash. & Lee L. Rev. 1673 (2008): ?The goal of this Note is to establish that the current state of Section 43(a) false advertising standing jurisprudence is unstable and that this instability in the law is troubling because it permits courts to reach outcomes which remove the teeth from Section 43(a)?s false advertising protection.?

Readers of this blog will be aware of my sympathy for this project. It appalls me that I need a ?standing? tag with such regularity.

Full post as published by 43(B)log on February 02, 2009 (boomark / email).