![]() ![]() Plaintiff also requests this court to 1) issue preliminary and permanent injunctions prohibiting Defendant from continuing to use these misleading advertisements, and 2) direct Defendant to file a report detailing all measures taken to comply with the injunction within thirty days of the court's injunction.ĭefendant contends that Plaintiff's complaint fails to state a claim and should be dismissed pursuant to Rule 12(b) (6). To remedy these alleged harms, Plaintiff requests that 1) Defendant compensate Plaintiff for all profits obtained by the Defendant through the misleading advertising campaign 2) Defendant pay Plaintiff treble damages for all harm suffered on account of the misleading advertising 3) Defendant reimburse Plaintiff for all costs incurred as a result of the misleading advertising, including corrective advertising costs and 4) Defendant deliver to the Plaintiff all items bearing the misleading representations. Plaintiff further avers that these false advertisements have caused irreparable harm to its business, reputation and goodwill. § 1125(a) by 1) *946 falsely representing its delivery service as an express service comparable to that offered by the Plaintiff, 2) misrepresenting the price of FedEx 2Day, an express service offered by the Plaintiff, and 3) falsely advertising itself as a private commercial entity which offers delivery service "around the world." Plaintiff avers that consumers have been and are likely to be misled by these false advertisements. More specifically, Plaintiff alleges that Defendant violated the 15 U.S.C. §§ 1051-1127, by disseminating false and misleading advertising concerning the characteristics of its Priority Mail and Global Priority Mail services. Plaintiff alleges that Defendant violated Section 43 of the Lanham Act, 15 U.S.C. ORDER DENYING DEFENDANT'S MOTION TO DISMISSīefore 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. Attorney's Office, Memphis, TN, for United States Postal Service, defendant. Bishop, Jr., Federal Express Corporation, Legal Department, Memphis, TN, for Federal Express Corporation, plaintiff. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |