Question $3$

$4$ pts

In order to win a case of false advertising under the Lanham Act, a plaintiff must prove what elements in addition to that the defendant made false or misleading statements about its product or those of its competitor?

The defendant used the statements in commercial advertising or promotions, and the statements created the likelihood of harm.

The statements were material and likely to influence purchasing decisions, and the statements created the likelihood of harm.

The statements were material and likely to influence purchasing decisions, the defendant used the statements in commercial advertising or promotions, and the statements created the likelinood of harm.

The statements were matcrial and likely to influence purchasing decisions, and the defendant used the statements in commercial advertising or promotions.