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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