FEDERAL EXP. CORP. v. U.S. POSTAL SERVICE

No. CV 96-3151 DA.

40 F.Supp.2d 943 (1999)

FEDERAL EXPRESS CORPORATION, Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant.

United States District Court, W.D. Tennessee.

March 10, 1999.


Attorney(s) appearing for the Case

Dwayne S. Byrd, R. Larry Brown, Lester A. Bishop, Jr., Federal Express Corporation, Legal Department, Memphis, TN, for Federal Express Corporation, plaintiff.

Joe A. Dycus, U.S. Attorney's Office, Memphis, TN, for United States Postal Service, defendant.


ORDER DENYING DEFENDANT'S MOTION TO DISMISS

DONALD, District Judge.

Before this court is Defendant's, United States Postal Service, Rule 12(b)(6) motion to dismiss Plaintiff's, Federal Express Corporation, complaint for failure to state a claim upon which relief can be granted. Plaintiff alleges that Defendant violated Section 43 of the Lanham Act, 15 U.S.C. §§ 1051-1127, by disseminating false and misleading advertising concerning the characteristics...

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