Condit
Condit v. Star Editorial, Inc.
Opinion
Opinion
Wanger, J.
MEMORANDUM DECISION AND ORDER RE: DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S FOURTH CAUSE OF ACTION (Lanham Act Claim) PURSUANT TO FED.R.CIV.P. 12(b)(1) AND 12(b)(6)
I. INTRODUCTION
In this diversity action, Defendants move to dismiss for lack of standing and failure to state a claim, Carolyn Condit’s (“Plaintiff’) fourth claim for violation of Section 43(a) of the Lanham Act [ 15 U.S.C. § 1125 (A)], against STAR EDITORIAL, INC. and AMERICAN MEDIA, INC. (“Defendants”), arising from statements printed in the September 11, 2Ó01, issue of Defendants’ publication, The Star. See Doc.1, Complaint, filed August 16, 2002.
II. BACKGROUND
The September 11, 2001 issue of The Star, published a cover-page story entitled “CONDIT WIFE’S AGONY,” which expressly represented that the story about Plaintiff was “HER OWN STORY.” See Doc. 1, Exhibit 1. Below the cover’s headline, bullet points state: “She trashes home and destroys their family photos;” “Her suicide threat over Chandra;” and “How he brainwashed her for 34 years.” Plaintiff alleges she was not interviewed by The Star nor did she authorize it to represent that she was interviewed. Pláíntiff complains that the combination of the…