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College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board

United States Supreme Court

527 U.S. 666 (1999)

Constitutional LawIntellectual Property
Relevant factsFree

The Trademark Remedy Clarification Act (TRCA) purported to let trademark owners sue states under the Lanham Act; College Savings Bank (plaintiff) sued Florida Prepaid (defendant), a state agency, for false advertising, asserting property interests in being free from a competitor's false advertising and in being secure in its business interests. The district court dismissed based on Florida's sovereign immunity, and the Third Circuit affirmed.

IssueFree

Whether a state is immune from false-advertising suits under the Lanham Act.

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