Legal Opinion
Guarino v. Sun Co., Inc.
District Court, D. New Jersey
Decided April 26, 1993No. Civ. 92-1357(JEI)PublishedCited by 8 opinions
1Opinion of the Court
OPINION
IRENAS, District Judge.
This case raises the issue of whether § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1988), grants standing to a retail purchaser of consumer goods, in this instance gasoline from the pump, from a seller who engages in misrepresentation or false advertising with respect to the quality or characteristics of such goods.
Plaintiff, Sheilah Guarino, 1 alleges that she purchased Sunoco Ultra® high-octane gasoline as a result of advertising that claimed it gave cars better acceleration, and maximum power and performance. Because Ultra® is higher in cost than other…
2Cases cited17 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
- Zahn v. International Paper Co.Supreme Court of the United States · 1973
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- No. 98-5136Court of Appeals for the Third Circuit · 1998
- Serbin v. Ziebart International Corp.Court of Appeals for the Third Circuit · 1993
- Weinberg v. Sun Company, Inc.Superior Court of Pennsylvania · 1999
- Sara G. Serbin and George Baker, Individually, and on Behalf of All Others Similarly Situated v. Ziebart International Corporation, Inc. And Ziebart Corporation, Sheilah Guarino v. Sun Company, Inc., Sun Refining & Marketing Company, Robert McClements Jr., David Zebley and Wells, Rich, and Greene, Inc.Court of Appeals for the Third Circuit · 1993
- Conte Bros. Automotive, Inc. v. Quaker State-Slick 50, Inc.Court of Appeals for the Third Circuit · 1998
3 more not listed; retrieve them via the Exa API.