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)

  • Written by Tom Syverson, JD

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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Casebooks

Trademark

Key Terms

  • Class ActionA suit brought by one or more individuals, acting as representative parties, on behalf of all members of a much larger group, called a class. A class is normally the plaintiff in a case, but defendant class actions are permitted.
  • StandingA legal doctrine limiting the right to sue to those parties who can show some injury to their legal rights, a specific grievance or impact that can be remedied by judicial action, or a statutory basis for bringing a suit.
  • Lanham Act[15 U.S.C. §§ 1051–1127] A federal statute that regulates the use of trademarks, i.e., pictures, words, and other symbols used to identify goods and services, in commercial activity. The Lanham Act also defines various federal claims for unfair competition, including claims based on false advertising.

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