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Where a biotechnology company sued a transport company for alleged breach of an obligation under the U.S. Warehouse Act, breach of a duty to third-party beneficiaries of a licensing agreement between the transport company and the government and false advertising, the USWA does not allow injured third parties to sue a breaching warehouse operator directly, so the district court properly dismissed the USWA claim, and the license agreement did not show any intent to benefit the biotechnology company, so the court did not err in dismissing the third-party beneficiary claim, and the Lanham Act claim is remanded for the court to determine whether the plaintiff has standing to bring the claim under the zone-of-interest test and proximate cause requirement.
Affirmed; remanded.
Syngenta Seeds, Inc. v. Bunge North America, Inc. (MLW No. 67051/Case No. 13-1391 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.) Appealed from U.S. District Court, Northern District of Iowa, Bennett, J. (Steven J. Wells, Minneapolis, argued for appellant; Daniel J. Brown and Timothy J Droske appeared on the brief) (Christopher Martin Hohn, St Louis, argued for appellee; John R. Musgrave, John C. Gray and Kimberly M Bousquet appeared on the brief).
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