M.A. v. Spring

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a Lanham Act plaintiff asserting an implied falsehood claim must establish that \the advertising tends to deceive or mislead a substantial portion of the intended audience\ (internal quotation marks omitted)
• explaining that when an advertisement is not “literally false,” a plaintiff must rely on “[p]ublic reaction” to show it is misleading under the Lanham Act
• stating that the issue is “whether the public was, in fact, misled”
• adopting presumption, but also requiring showing of \clear and egregious conduct\ in addition to intent
• describing materiality as “deception . . . that is likely to influence purchasing decisions”
• “the probative value of a consumer survey is a highly fact-specific determination and a court may place such weight on survey evidence as it deems appropriate”

Source: CourtListener parenthetical corpus (CC0).