AND · 15usc1125:commercial-injury
Lexmark’s zone-of-interests inquiry limits the statutory cause of action. A business suing only as a disappointed purchaser is like an ordinary consumer; commercial loss must fit the protected interest.
Exact element source
shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.Source:
docroot/ir/usc/title15.jsonl#title15_sec1125; Unicode character offsets [870:988] (end exclusive); SHA-256 0a5680239d11ae3247a99abab2344db45177346d2d2e3050e95c82fb39f3aca7.All variants
| Variant | Description | Merits instance blocks | Distinct cases | Example cases (up to 3 per group) |
|---|---|---|---|---|
| zone-of-interests/reputation-and-sales | 1 Satisfied 1; not satisfied 0; excluded context 0 | 1 | /us/572/0118-01 — Supreme Court of the United States · 2014 — satisfied |
How courts decided this element
| Case | Element | Holding and scope | Variant | Exact source quotations |
|---|---|---|---|---|
| /us/572/0118-01 — Supreme Court of the United States · 2014 | Judicial zone-of-interests limit to commercial injury | satisfied Counted merits instance applied / merits basis: pleaded; party: Static Control; subject: party=Static Control Statutory protected commercial interest is adequately alleged; the holding does not establish damages or success on all advertising elements. | zone-of-interests/reputation-and-sales | We thus hold that to come within the zone of interests in a suit for false advertising under § 1125(a), a plaintiff must allege an injury to a commercial interest in reputation or sales.Source: docroot/ir/caselaw/us_572.jsonl#/us/572/0118-01; Unicode character offsets [19861:20047] (end exclusive); SHA-256 925bbd2e7ac80af005ca0208b672687190e36af5f681de2bd2a157b522bc7810.It further maintained that Lexmark's misrepresentations had "proximately caused and [we]re likely to cause injury to [Static Control] by diverting sales from [Static Control] to Lexmark," and had "substantially injured [its] business reputation" by "leading consumers and others in the trade to believe that [Static Control] is engaged in illegal conduct."Source: docroot/ir/caselaw/us_572.jsonl#/us/572/0118-01; Unicode character offsets [4895:5251] (end exclusive); SHA-256 925bbd2e7ac80af005ca0208b672687190e36af5f681de2bd2a157b522bc7810.To begin, Static Control's alleged injuries-lost sales and damage to its business reputation-are injuries to precisely the sorts of commercial interests the Act protects.Source: docroot/ir/caselaw/us_572.jsonl#/us/572/0118-01; Unicode character offsets [30878:31048] (end exclusive); SHA-256 925bbd2e7ac80af005ca0208b672687190e36af5f681de2bd2a157b522bc7810. |
Court interpretations
interpretation
We thus hold that to come within the zone of interests in a suit for false advertising under § 1125(a), a plaintiff must allege an injury to a commercial interest in reputation or sales.
/us/572/0118-01 — Supreme Court of the United States · 2014
We thus hold that to come within the zone of interests in a suit for false advertising under § 1125(a), a plaintiff must allege an injury to a commercial interest in reputation or sales.Source:
docroot/ir/caselaw/us_572.jsonl#/us/572/0118-01; Unicode character offsets [19861:20047] (end exclusive); SHA-256 925bbd2e7ac80af005ca0208b672687190e36af5f681de2bd2a157b522bc7810.Lexmark’s zone-of-interests inquiry limits the statutory cause of action. A business suing only as a disappointed purchaser is like an ordinary consumer; commercial loss must fit the protected interest.
not-required
Direct competition between plaintiff and defendant.
No source quotation recorded.