Colligan v. Activities Club of New York, Ltd.

442 F.2d 686 (1971)

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Colligan v. Activities Club of New York, Ltd.

United States Court of Appeals for the Second Circuit
442 F.2d 686 (1971)

Facts

The parents of two parochial school children (Colligan) (plaintiff) filed a putative class action against Activities Club of New York, Ltd. (Activities Club) (defendant). Colligan claimed that Activities Club misrepresented the nature of a ski tour offered to students. Colligan alleged that the ski tour was inadequate in a number of ways and sought monetary damages as well as injunctive relief. To establish federal court jurisdiction, Colligan brought the class action under § 43 of the Lanham Act. Colligan argued the Lanham Act’s plain textual meaning provided that “any person” had standing to sue. The district court dismissed the suit, holding that Colligan lacked standing to sue under the Lanham Act.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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