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.