Legal Opinion
Thorn, Philip A. v. Reliance Van Company, Inc., Welsh, Thomas, Weatherley, Charles A., Bailey, Emma M., and O'neal, N.A. Michael, Jr
Court of Appeals for the Third Circuit
Decided June 18, 1984No. 83-1525PublishedCited by 40 opinions
1Opinion of the Court
OPINION OF THE COURT
A. LEON HIGGINBOTHAM, Jr., Circuit Judge.
This is an appeal from the dismissal of an investor’s false advertising action brought under section 43(a) of the Lanham Trademark Act of 1946 (“the Act”), 15 U.S.C. § 1125(a), on the ground that he lacked standing. 1
In this case the plaintiff-investor alleged with specificity a section 43(a) violation and a resulting injury, thus satisfying any relevant standing requirements. We believe that a plain language interpretation of section 43(a) indicates that one need not be a competitor in order to bring a false advertising claim under…
2Cases cited18 opinions
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Caminetti v. United StatesSupreme Court of the United States · 1917
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- L'Aiglon Apparel, Inc. v. Lana Lobell, Inc.Court of Appeals for the Third Circuit · 1954
13 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Montgomery v. NogaCourt of Appeals for the Eleventh Circuit · 1999
- Camel Hair and Cashmere Institute of America, Inc. v. Associated Dry Goods Corporation, D/B/A Lord & TaylorCourt of Appeals for the First Circuit · 1986
- No. 98-5136Court of Appeals for the Third Circuit · 1998
- The Joint Stock Society v. Udv North America, Inc.Court of Appeals for the Third Circuit · 2001
- Ditri v. Coldwell Banker Residential Affiliates, Inc.Court of Appeals for the Third Circuit · 1992
35 more not listed; retrieve them via the Exa API.