Colligan v. Activities Club of New York, Ltd.

MOORE, Circuit Judge:

This is an appeal from an order dismissing appellants’ class action for money damages, an accounting for profits and an injunction brought under § 43(a) of the Lanham Act,1 on the ground that their claim failed to state a cause of action. The district court ruled on its own motion that the suit could not be maintained, because, as consumers, as opposed to commercial plaintiffs, appellants lacked standing to sue under § 43(a). Without the benefit of any opposition on appeal to appellants’ counsel’s able brief, which sets forth the issues with beguiling simplicity, for the…