1. If you think a competitor has issued a false or misleading advertisement, what types of information do you need to gather to persuade a court to issue a preliminary injunction?
2. Practically speaking, why would a competitor want to argue that an advertisement is literally false rather than implicitly false?
3. What is the difference between puffery and misrepresentation?
4. Could the FTC have brought an action against DIRECTV? If so, on what basis?

Defendant-Appellant DIRECTV, Inc. (“DIRECTV”) appeals from the . opinion and order of the United States District Court for the Southern District of New York ., preliminarily enjoining it from disseminating, in any market in which Plaintiff-Appellee Time Warner Cable, Inc. (“TWC”) provides cable service, certain television commercials and Internet advertisements found likely to violate the Lanham Act on literal falsity grounds.