U-Haul International, Inc., an Oregon Corp. v. Jartran, Inc., a Florida Corporation, and James A. Ryder

U-Haul International, Inc. (U-Haul) sued Jartran, Inc. (Jartran) for false comparative advertising under section 43(a) of the Lanham Act, 15 U.S.C. § 1125 (a), and under the common law. The district court awarded U-Haul $40 million and attorney fees, as well as a permanent injunction against certain Jartran advertisements. U-Haul International, Inc. v. Jartran, Inc., 601 F.Supp. 1140 (D.Ariz.1984). Jartran appeals on several grounds. To facilitate our discussion of the issues raised by Jar-tran’s appeal, our opinion is organized in the following manner. In Part I of this opinion, we briefly discuss the factual background of the case. In Part II, we modify the district court’s resolution of the real-party-in-interest issue, requiring the district court, in effect, to supervise distribution of U-Haul’s recovery to the various entities associated with U-Haul (the U-Haul System). In Part III, we affirm the district court’s finding of liability. In Part IV, we affirm the district court’s calculation of damages. In Part V, we hold that the injunction is unconstitutionally overbroad. In Part VI, we reverse the district court’s holding under Florida law that James A. Ryder is the alter…