U.S. Seventh Circuit - The FindLaw 7th Circuit Court of Appeals Opinion Summaries Blog

Stayart v. Yahoo! Inc., 09-3379

Stayart v. Yahoo! Inc., 09-3379, concerned a challenge to the district court's dismissal of the complaint on the ground that plaintiff lacked standing under the Lanham Act to sue for trademark infringement, in plaintiff's suit against Yahoo! and others for trademark infringement and various other state law claims, claiming that search results that appear with her name improperly gave her endorsement to pornography and online pharmaceuticals.  In affirming the dismissal, the court held that plaintiff does not have standing under the Lanham Act to bring suit because she does not have a commercial interest in her name.  The court also held that the district court did not abuse its discretion in denying plaintiff's leave to re-file.

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