Whether the Lanham Act's prohibition on misrepresentations as to 'nature, characteristics, [or] qualities' extends to misrepresentations about the product's intangible properties, like its patent status

Section 43(a)(1)(B) of t he Lanham Act creates a civi l 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 as to “nature, characteristics, [or] qualities” extends to misrepresentations about the product’s intangible properties , like its patent status .