Although finding no evidence of illegality, Wood reported that single market rules were being interpreted in ways that favored local companies, such as in contract requirements shaped to suit a given, national supplier, or by false competition where international bids are invited when there is little intention of awarding a contract to a non-national firm.

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Other claims in the suit included unfair competition and false designation of origin under federal trademark law, as well as trademark infringement, unfair trade practices, and injury to business reputation under Texas law.

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The other two cases concerned lawsuits in federal court by a New Jersey bank against the state of Florida for infringing its patent on a college-savings scheme and for false advertising and unfair competition under a federal trademark law.

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Siskind, a founding partner at the law firm Harvey Siskind LLP in San Francisco, who isn't involved in the case, says if Macy's doesn't win the case under the doctrines of trademark law, it is possible the retailer may be able to win the case on other grounds, such as unfair competition or false advertising.

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In the other Florida case, Justice Antonin Scalia, the court's most vocal champion of a strict textual reading of the constitution, argued that Congress was wrong to regard damage to an ongoing business from the false advertising or unfair competition of a state agency as an unlawful deprivation of property barred by the 14th amendment.

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In addition to trademark infringement, Urban Outfitters alleged unfair competition, unjust enrichment and false designation of origin.

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Tiffany and Company alleges trademark infringement, counterfeiting, unfair competition, injury to business reputation, false advertising and deceptive business practices.

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However, unfounded accusations have jeopardized our business activities, with many false claims driven by competitive interests, which we understand because competition can be difficult.

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