Condit

Condit v. Star Editorial, Inc.

Good Law
259 F. Supp. 2d 1046·2003 WL 1961712·31 Media L. Rep. (BNA) 1673·66 U.S.P.Q. 2d (BNA) 1618·2003 U.S. Dist. LEXIS 9922
United States District Court, Eastern District of CaliforniaApril 15, 2003CIV F 02-6004 OWW L.JCalifornia4,344 words

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…

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