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Second Circuit Review: Distinguishing Between Standing and Merits in Lanham Act Claims

February 16, 2016 download PDF

Litigation partners Marty Flumenbaum and Brad Karp's Second Circuit Review column appeared in the February 16 issue of the New York Law Journal. The article, "Distinguishing Between Standing and Merits in Lanham Act Claims," discusses Federal Treasury Enterprise Sojuzplodoimport v. Spirits Int'l B.V.F. in which the courts sought to clarify the extent to which the doctrines of comity and act of state preclude a U.S. court from determining whether the actions of a foreign sovereign validly confer standing for the purposes of a claim under section 32(1) of the Lanham Act. Litigation associate Jonathan Silberstein-Loeb assisted in the preparation of this article.

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