Amazon sues booksellers association for declaratory judgment of no false advertising under the Lanham Act. Amazon.com, Inc. v. National Association of College Stores, Inc., No. 2:11-cv-00754 (W.D. Wash. filed May 3, 2011). Does the court have to evaluate the association's Lanham Act standing to proceed? How should it do so? Also, does the threat of a referral by the NAD to the FTC after a NAD proceeding constitute enough apprehension of suit to justify declaratory judgment under the Lanham Act against the booksellers? The complaint doesn't have much indicating a threat of direct suit. Of course filing the suit ends the NAD proceeding, so its procedural complexities are likely beside the point. H/t Eric Goldman.
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