For a false advertising claim under Section 43(a) of the Lanham Act, 15 USC Sec. 1125(a), the movant must establish:
- the ads of the opposing party were false or misleading;
- the ads decieved, or had the capacity to deceive consumers;
- the deception had a material effect on purchasing decisions;
- the misrepresented product or service affects interstate commerce; and
- 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).