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College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board

United States Supreme Court
527 U.S. 666 (1999)

College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board


The Trademark Remedy Clarification Act (TRCA) permitted trademark owners to sue states under the Lanham Act. College Savings Bank (plaintiff), a New Jersey bank, sued Florida Prepaid Postsecondary Education Expense Board (defendant), an arm of Florida’s state government, for false advertising under the Lanham Act. College Savings claimed that it had two property interests at issue: (1) the right of a business to be free from a competitor’s false advertising, and (2) the right “to be secure in one’s business interests.” The United States District Court for the District of New Jersey dismissed the complaint based on the State of Florida’s sovereign immunity. The United States Court of Appeals for the Third Circuit affirmed. The United States Supreme Court granted certiorari.

Rule of Law


Holding and Reasoning (Scalia, J.)

Dissent (Stevens, J.)

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