As we reported on March 25th, the U.S. Supreme Court has ruled that Static Control Components, which markets remanufactured and refilled Lexmark toner cartridges, can proceed with a lawsuit against Lexmark International that accuses Lexmark of disparaging its business and harming its reputation. See here for the complete story.
In response, Lexmark issued the following statement:
“In its opinion today, the Supreme Court of the United States has rejected the Sixth Circuit Court of Appeal’s test for standing under the Lanham Act and has adopted a different test. Under the test adopted today, the Supreme Court of the United States found that Static Control has standing to sue under the Lanham Act but made no determination on the merits of the litigation.
Lexmark strongly believes that it has not made any false or misleading representations in its commercial advertising or promotion.
The case will now go back to the Federal District Court in Lexington, Kentucky where this matter will be litigated. Lexmark remains confident that it will ultimately prevail in this matter.”