In In re Schubert, the Sixth Circuit affirmed the bankruptcy court’s dismissal of an adversary proceeding because the appellants had failed the “person-aggrieved” test for bankruptcy.
SCOTUS held Lanham Act false advertising provision governs only commercial not consumer injuries. Acknowledging distinction as nebulous the Sixth Circuit held even commercial businesses that sell goods to end users may qualify as customers who cannot sue under Act
The U.S. Supreme Court held in 2014 that the Lanham Act’s false advertising provision governs only commercial, not consumer, injuries. On April 4, 2023, while acknowledging that the.