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False Advertising (Lanham Act)

Smith Hopen Intellectual Property Term Glossary Definition for False Advertising (Lanham Act)
For a false advertising claim under Section 43(a) of the Lanham Act, 15 USC Sec. 1125(a), the movant must establish: (1) the ads of the opposing party were false or misleading; (2) the ads decieved, or had the capacity to deceive consumers; (3) the deception had a material effect on purchasing decisions; (4) the misrepresented product or service affects interstate commerce; and (5) the movant has been-or is likely to be injured as a result of the false advertising. ALPO Petfoods, Inc. v. Ralston Purina Co., 913 F.2d 958, 964 (D.C.Cit. 1990).


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