A false-advertising claim under section 43(a)of the Lanham Act rests on four elements.Which of the following is not one of them?

Question

Quizplus · Accepted Answer

The four elements of a false-advertising claim under section 43(a) of the Lanham Act include: (A) a false representation of fact made by an advertiser about a product; (B) a representation that deceives or has a tendency to deceive a substantial segment of the audience; (C) a representation that is likely to influence purchasing decisions; and (D) a plaintiff who has standing to sue, which could be a competitor, consumer, or other injured party. Therefore, (D) is not one of the elements, but rather a requirement for the plaintiff bringing the claim.

A False-Advertising Claim Under Section 43(a)of the Lanham Act Rests