In the context of IP Law, significant refers to close to or all of the relevant assets

Though varying linguistic formulations have been used, the wide consensus of the courts of appeals is consistent with the conclusion of the Third Circuit in Johnson & Johnson-Merck that the mark or advertising must deceive a substantial portion of the relevant consumers. See, e.g., Herman Miller, Inc. v. Palazzetti Imps. & Exps., Inc., 270 F.3d 298, 323 (6th Cir. 2001) ("tends to deceive a substantial portion of the intended audience"); Clorox Co. P.R. v. Proctor & Gamble Commercial Co., 228 F.3d 24, 33 n. 6 (1st Cir.2000) ("tendency to deceive a substantial segment of its audience"); United Indus. Corp. v. Clorox Co., 140 F.3d 1175, 1180 (8th Cir.1998); William H. Morris Co. v. Group W, Inc., 66 F.3d 255, 258 (9th Cir.1995) (stating that less than 3% is "[s]uch a small percentage" that it "does not constitute proof that a significant portion of recipients were deceived"); Johnson & Johnson * Merck Consumer Pharms. Co. v. Smithkline Beecham Corp., 960 F.2d 294, 297-98 (2d Cir.1992) ("a statistically significant part of the commercial audience").[4] See generally Richard J. Leighton, Materiality and Puffing in Lanham Act False Advertising Cases: The Proofs, Presumptions, and Pretexts, 94 Trademark Rep. 585 (2004). Under the circumstances it is clear that section (e)(3) — like subsection (a), the false advertising provision of the Lanham Act, and the common law — requires that a significant portion of the relevant consuming public be deceived. That population is often the entire U.S. population interested in purchasing the product or service.