13
Oct/08

Lanham Act Claim Dismissed for Lack of Standing


Seattle Trademark Lawyer: Eastern District (Washington) Dismisses Lanham Act Claim for Lack of Standing:

Plaintiff Melvin Ott sued Ingenix, Inc., in the Eastern District for listing him as a consultant in a proposal it made to the State of Montana. The State of Montana awarded Ingenix the bid — to develop fee schedules for the state — but Ingenix did not use Dr. Ott as a consultant. This, Dr. Ott argued, amounted to false association and unfair competition in violation of the Lanham Act.
Ingenix moved for summary judgment based on Dr. Ott’s alleged lack of standing to assert such a claim.
On Sept. 30, Eastern District Judge Fred Van Sickle granted the motion because the State of Montana, as the allegedly deceived entity, was not a party to the suit.

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