“Section 43(a)(1)(B) of the Lanham Act creates a civil action for any person damaged by a statement in commercial advertising or promotion that ‘misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities.’ 15 U.S.C. § 1125(a).
“The question presented is:”
“Whether the Lanham Act’s prohibition on ‘misrepresent[ations]’ as to ‘nature, characteristics, [or] qualities’ extends to misrepresentations about the product’s intangible properties, like its patent status.”
