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U.S. Supreme Court Expands Scope of Potential Plaintiffs in Lanham Act False Advertising Claims – No Longer Limited to Actual Competitors

One of the several claims available to plaintiffs under the Lanham Act is a claim for “false advertising.” Section 1125(a)(1)(B) of the Lanham Act states that:(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which—