Wednesday, May 04, 2011

Standing and declaratory judgment

Amazon sues booksellers association for declaratory judgment of no false advertising under the Lanham Act., Inc. v. National Association of College Stores, Inc., No. 2:11-cv-00754 (W.D. Wash. filed May 3, 2011). Does the court have to evaluate the association’s Lanham Act standing to proceed? How should it do so? Also, does the threat of a referral by the NAD to the FTC after a NAD proceeding constitute enough apprehension of suit to justify declaratory judgment under the Lanham Act against the booksellers? The complaint doesn’t have much indicating a threat of direct suit. Of course filing the suit ends the NAD proceeding, so its procedural complexities are likely beside the point. H/t Eric Goldman.

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