District Court, S.D. New York August 15, 1994, 93 Civ. 6656 (LBS) (Gordon & Breach Science Publishers S.A. v. American Institute of Physics)

OPINION

SAND, District Judge.

This action, a dispute between publishers of scientific journals, raises an issue of first impression: whether a non-profit publisher may be sued for false advertising under the Lanham Act for publishing comparative surveys of scientific journals which, through the employment of a misleading rating system, rate its own publications as superior.