Opinion Analysis: The Triumph of the Lanham Act (and of Federal Private Rights of Action)
The Lanham Act is having a very good year. Initially enacted in 1946, the Lanham Act is currently famous as the nation’s primary federal trademark statute, but the statute also confers private rights of action that allow businesses to sue each other for certain forms of unfair competition other than trademark infringement. In March, the unanimous Supreme Court decision in Lexmark International v. Static Control Components swept away the “prudential standing” limitations on the Lanham Act’s private right of action (and on all other federal private causes of action) and replaced those limits with a relatively plaintiff-friendly analysis that permits firms to sue their competitors for “false or misleading” commercial statements. Now, as the Court enters the homestretch of its Term, yesterday’s unanimous decision in POM Wonderful v. Coca-Cola has eliminated another significant hurdle for Lanham Act plaintiffs.