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Question: Synygy, Inc., produces Information Production and Distribution Systems, a software program that enables the user to integrate data from different sources. This software was targeted at companies in the pharmaceutical industry. Scott-Levin, Inc., compiles data for pharmaceutical companies that is used in computer programs such as those produced by Synygy. While working on a project for Bristol Meyers Squibb, Inc., Scott-Levin had disagreements with Synygy after Synygy changed file specifications without telling Scott-Levin and then blamed ScottLevin for the conversion problems that ensued. In conversations with agents of Zeneca Pharmaceutical, Inc., a common customer of the two software companies, two Scott-Levin representatives discussed the problems they had working with Synygy in the past. Soon thereafter, Zeneca discontinued its relationship with Synygy. Zeneca claims that the discussions with the Scott-Levin representatives had no influence on that decision. In addition, during a client conference, Scott-Levin presented a slide show that contained the following slide: "simulate-to assume the outward qualities or appearance of, often with the intent to deceive." Simulate, Inc., was Synygy's name at the time of the client conference. Synygy sued Scott-Levin for commercial disparagement. Should Synygy prevail? Why, or why not?
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