While we find the issue a close one, we findPepsiCo's analogy to fraud somewhat more persuasive. While Section 43(a) claims contain elements of both fraud and injury to property, we think the "better fit" is to fraud claims. Section 43(a), by its express language, takes aim at "false or misleading representation[s] of fact, which ... misrepresent[] the nature, characteristics [or] qualities" of goods or services. 15 U.S.C. 1125(a);and seePPX Enterprises, Inc. v. Audiofidelity, Inc.,746 F.2d 120, 124 (2d Cir.1984)(Section 43(a) "created a new statutory tort of false representation of goods in commerce");Unlimited Screw,781 F.Supp. at 1126("although the Lanham Act addresses unfair competition generally, section 43(a) applies to fraudulent practices specifically"). Whilescienteris not a necessary element of a Section 43(a) claim, its presence is nevertheless relevant in assessing a claim's validity. At the least, "the degree to which a business intends to mislead the public will bear on how carefully it undertakes the deception and, therefore, the likelihood of its success."Mylan Labs,808 F.Supp. at 454.

For these reasons, we followPepsiCoand apply the six-year statute of limitations of CPLR 213(8). Accordingly, the only claims of G & B that are time-barred are those accruing before September 1987 that

1530

*1530is, G & B's claim for damages arising from publication of Barschall's 1986 article inPhysics Today

Question 1

Is cavernous sinus thrombosis a complication of meningitis?

Question 2

What is the mechanism of paraparesis that comes as a late (i.e. postresolution) complication to meningitis?

Question 3

Is lumbar puncture contraindicated in meningococcal meningitis?

Question 4

What should the cerebrospinal fluid (CSF) picture be when the treatment

of acute bacterial meningitis is complete, and after how many days of

treatment?

Question 5

In the management of meningococcaemia, can chloramphenicol be

used as an alternative? Are there any advantages practically? The book

quotes benzylpenicillin or cefotaxime (alternative). Are they a standard

regimen?

Question 6

'The immediate management of suspected meningococcal meningitis

infection is benzylpenicillin 1200 mg either by slow IV injection or

intramuscularly, prior to investigations.'

Is this always true? Should you not perform a lumbar puncture for

culture first?

Question 7

Should children with bacterial meningitis be treated with steroids to

prevent complications?

Question 8

What is the role of anticonvulsants in a case of encephalitis and how long

should one continue them?

Question 9

How effective are steroids in the treatment of radiculomyelitis?

Question 10

Should you treat a patient who has a brain cysticercosis lesion? The text

seems to say 'Yes' but there is great uncertainty about it.

Also, should one 'worm' the patient's gut when you find brain lesions;

if so, with what?14115021