An ad for Bagels Inc. attracts buyers who would otherwise have made purchases from Croissant Company. To bring a successful claim against Bagels under the federal Lanham Act for false advertising, Croissant must establish that

Question

Quizplus · Accepted Answer

To bring a successful claim under the federal Lanham Act for false advertising, Croissant Company must prove that the advertisement was false or deceptive (A), that the deception actually deceived or had the capacity to deceive a substantial segment of the audience (B), and that the deception was material, in that it likely influenced the purchasing decision, thereby causing them to lose sales (C). All these elements are necessary to establish a claim under the Lanham Act.

An Ad for Bagels Inc