In a battle of fast food restaurants, a local Florida Burger King franchisee sued McDonald's for false advertising, only to have the Eleventh Circuit Court of Appeals rule that the franchisee could not show that it had standing to bring its claim, despite the fact that the franchisee directly competed against McDonald's restaurants.
False Advertising: Eleventh Circuit Makes It Harder for Franchisees to Bring Cases Against Franchisors
In a battle of fast food restaurants, a local Florida Burger King franchisee sued McDonald's for false advertising, only to have the Eleventh Circuit Court of Appeals rule that the franchisee could not show that it had standing to bring its claim, despite the fact that the franchisee directly competed against McDonald's restaurants. The ruling highlights a split in the circuit courts that may have to be resolved by the Supreme Court, as the ruling differs from the law of other circuits that generally have allowed 'direct competitors' of the advertiser to sue for false advertising as long as they allege they have been injured by the ad.
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