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CONTE BROS. AUTOMOTIVE v. QUAKER STATE-SLICK 50, INC.

No. 98-5136.

165 F.3d 221 (1998)

CONTE BROS. AUTOMOTIVE, INC. and Hi/Tor Automotive, Individually and on Behalf of all Others Similarly Situated, Appellants, v. QUAKER STATE-SLICK 50, INC., Slick 50 Management, Inc., Slick 50 Products Corp., Slick 50 Corp., Blue Coral-Slick 50, Inc., Blue Coral, Inc., Blue Coral-Slick 50, Ltd.

United States Court of Appeals, Third Circuit.

Decided December 30, 1998.

Attorney(s) appearing for the Case

Jay W. Eisenhofer (Argued), Megan D. McIntyre, Grant & Eisenhofer, P.A., Wilmington, DE, Peter L. Masnik, Kalikman & Masnik, Haddonfield, NJ, Lee Squitieri, Abbey, Gardy & Squitieri, LLP, New York, N.Y., for Appellants.

Irving Scher, Bruce A. Colbath (Argued), Garry A. Berger, Weil, Gotshal & Manges LLP, New York, N.Y., Edward T. Kole, Willentz, Goldman & Spitzer, Woodbridge, NJ, for Appellees.

Before: SCIRICA and ALITO, Circuit Judges, and GREEN, District Judge.

OPINION OF THE COURT

ALITO, Circuit Judge:

The issue in this appeal is whether retailers have standing under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1994), to bring false advertising claims against manufacturers of products that compete with those the retailers sell. The District Court answered this question in the negative and dismissed the Complaint. Conte Bros. Automotive, Inc. v. Quaker State-Slick 50, Inc.,

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