Venable partner Randy Miller
was quoted in a March 28, 2014 Advertising Age
on the Supreme Court’s recent Lanham Act ruling. In a unanimous decision on Tuesday, the Court set new rules for standing to sue under the federal law used by businesses in false ad claims. Lower courts had interpreted the law differently, but the Court’s decision makes clear that a company suing another does not have to be a direct competitor.
The Court’s decision and the simple fact that it raised the profile of the law is expected to lead to an increase in advertising related suits. “Sometimes people think of it as a nuclear option that you want to use sparingly,” said Miller adding the new attention to the law “make[s] clear that not only is it available … but it's actually broader than people thought.”