Neuros Company, Limited (plaintiff), and KTurbo, Inc. (defendant) manufactured high-speed blowers for wastewater treatment plants. As part of a bidding contest for a particular plant, Neuros represented that its blowers could achieve a total efficiency. Neuros won the bid, and KTurbo came in last. In response, KTurbo created a PowerPoint presentation that accused Neuros of fraud in that a total efficiency was unachievable. KTurbo presented the PowerPoint slides at road shows, to engineers that advised wastewater plants on which blowers to buy. Neuros sued KTurbo for false advertising under the Lanham Act. The district court dismissed the claim, finding that the PowerPoint slides were not commercial advertising or promotion. Neuros appealed.