Diapulse Corp. v. Birtcher Corp.

KAUFMAN, Circuit Judge:

An inevitable concomitant of our highly competitive private enterprise system is that businessmen engage in “puffing” their products, while they attempt to downgrade those of their competitors. Ordinarily, the law tries to maintain a position of neutrality toward the techniques of exaggerated salesmanship which have become commonplace today. But when these tactics begin to exceed reasonable bounds and a party is truly aggrieved, the judicial process will redress the wrong. It is in this context that the present case arises. The Birtcher Corporation appeals from a jury…