This section contains the nature of the case and procedural background.

D began airing a new television commercial for its Premium Pack orange juice. The commercial shows the renowned American Olympic athlete Bruce Jenner squeezing an orange while saying 'It's pure, pasteurized juice as it comes from the orange,' and then shows Jenner pouring the fresh-squeezed juice into a D carton while the audio states 'It's the only leading brand not made with concentrate and water.' P, maker of Minute Maid orange juice, brought suit against D for false advertising in violation of section 43(a) of the Lanham Act. P claimed the commercial is false because it incorrectly represents that Premium Pack contains unprocessed, fresh-squeezed juice when in fact the juice is pasteurized (heated to about 200 degrees Fahrenheit) and sometimes frozen prior to packaging. The court denied P's motion for a preliminary injunction. P appealed.

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