The defendant advertised its services using flyers identifying itself as "SMILE Clinics" or "SMILE Dental Clinics". The plaintiff argued, inter alia, that such advertising was misleading because consumers could be misled into thinking that the clinic indicated in the advertisements was somehow affiliated with the plaintiff’s own business.
This caused the consumers to take transactional decisions they would not have taken otherwise, due to the fact that they were misled as to the identity of the trader with whom they were dealing.