Condit v. Star Editorial, Inc.

MEMORANDUM DECISION AND ORDER RE: DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S FOURTH CAUSE OF ACTION (Lanham Act Claim) PURSUANT TO FED.R.CIV.P. 12(b)(1) AND 12(b)(6)

WANGER, District Judge.

I. INTRODUCTION

In this diversity action, Defendants move to dismiss for lack of standing and failure to state a claim, Carolyn Condit’s (“Plaintiff’) fourth claim for violation of Section 43(a) of the Lanham Act [15 U.S.C. § 1125(A)], against STAR EDITORIAL, INC. and AMERICAN MEDIA, INC. (“Defendants”), arising from statements printed in the September 11, 2Ó01, issue of Defendants’ publication, The Star. See…