Trademark Law and Practice

False Advertising

Under the Lanham Act, false advertising requires:

1. A false or misleading statement of fact about a product;
2. Such statement either deceived, or had the capacity to deceive a substantial segment of potential consumers;
3. The deception is material, in that it is likely to influence the consumer’s purchasing decision;
4. The product is in interstate commerce; and
5. The plaintiff has been or is likely to be injured as a result of the statement at issue.