Neuros Co., Ltd. v. KTurbo, Inc.
United States Court of Appeals for the Seventh Circuit
698 F.3d 514 (2012)
After Neuros (plaintiff) won a wastewater-plant blower bid over rival KTurbo (defendant) by representing a certain achievable efficiency, KTurbo created a PowerPoint accusing Neuros of fraud, claiming that efficiency was unachievable, and presented these slides at road shows to specialized engineers who advise wastewater plants on blower purchases. Neuros sued KTurbo for false advertising under the Lanham Act; the district court dismissed the claim, finding the presentation was not "commercial advertising or promotion," and Neuros appealed.
Whether "advertising and promotion" under the Lanham Act includes information disseminated to the relevant purchasing class of individuals for the purpose of persuading them to buy a product.