Court Finds PowerPoint Defamed Competitor and Violated Lanham Act

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A disgruntled bidder's PowerPoint on its competitor not only was "outrageous" and defamed the competitor but also violated the Lanham and Illinois Uniform Deceptive Trade Practices Act, 7th Circuit Judge Richard Posner found. In his written opinion, the judge expressed his dismay that the competitor did not appeal the award of $50,000 in punitive damages because the disgruntled bidder "should have been ordered to pay substantial punitive damages." In remanding the case for consideration of attorney's fees, Judge Posner stated he did not want to "prejudice the determination on remand," but did note that the bidder continued to make the false statements even after the lawsuit was filed and denied that the presentation was deceptive "long after it was evident that the denial was frivolous."

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