United States Fourth Circuit

A consumer does not have standing under the Lanham Act to sue for false advertising. Since plaintiff sues as a consumer and as a representative of consumers, district court properly dismissed its claim that defendant's crab cakes were falsely designated as being of US origin.

Appellate Information

• Decided 04/19/2004
• Published 04/19/2004

Judges

• Before WILKINS, Chief Judge, and WIDENER and MICHAEL, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Joel David Joseph, Joseph & Associates, Bethesda, Maryland, for Appellant.  Joseph Paul Esposito, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, D.C., for Appellees. ON BRIEF:  Michael L. Converse, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, D.C., for Appellees.