origin, false or misleading description of fact, or false or misleading representation of fact, which— (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities, shall be liable in a civil action by an person who believes that he or she is or is likely to be damaged by such act. 11 . The parties have not commented on whether PSI's letter to a potential representative can constitute "advertising” within the meaning of the act. It is not entirely clear whether the false advertising provision of § 43(a) would reach the letter to which plaintiff objects. See Mobius Management Systems v. Fourth Dimension Software, 880 F.Supp. 1005, 1019-1021 (S.D.N.Y.1994) (<HOLDING>). For the purposes of this decision, I assume,
holding that plaintiffs proof of increase in defendants sales and a corresponding decrease in plaintiffs sales testimony from a consumer witness that she changed products based on defendants false advertising and survey evidence of consumer confusion was enough to prove a likelihood of competitive injury resulting from the defendants advertising holding that false advertising sent to one potential consumer violated the act and distinguishing cases in which the alleged advertisement was held to be not actionable because it did not reach potential consumers holding in a false advertising case under the lanham act that a proposed disclaimer would not suffice to cure the misleadingness of an advertising claim holding that defendants statement that it owned the rights to a trademark did not give rise to a false advertising claim under the lanham act holding that both lanham act false advertising claim and a false advertising claim made under section 349 or section 350 require a showing that the advertisement was false or misleading