FEDEX GROUND PACKAGE SYSTEM, INCORPORATED v. ROUTE CONSULTANT, INC - Articles

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FEDEX GROUND PACKAGE SYSTEM, INCORPORATED v. ROUTE CONSULTANT, INC

Posted by: Karen Belcher on Apr 1, 2024

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Curtis B. Krasik, K&L GATES LLP, Pittsburgh, Pennsylvania, for Appellant.

Attorneys 2: ARGUED: Brian C. Neal, BURR & FORMAN LLP, Nashville, Tennessee, for Appellee.

Attorneys 3: ON BRIEF: Curtis B. Krasik, Christopher M. Verdini, K&L GATES LLP, Pittsburgh, Pennsylvania, David R. Fine, K&L GATES LLP, Harrisburg, Pennsylvania, for Appellant.

Attorneys 4: ON BRIEF: Brian C. Neal, Thomas K. Potter III, Garry K. Grooms, BURR & FORMAN LLP, Nashville, Tennessee, Andrew N. Grams, Paige I. Bernick, LEWIS THOMASON, Nashville, Tennessee, for Appellee.

Judge(s): SILER, MATHIS, and BLOOMEKATZ, Circuit Judges

Court Appealed: United States District Court for the Middle District of Tennessee at Nashville

MATHIS, Circuit Judge. Companies are free to tout their own goods, services, and business dealings. And they can talk about the business activities of other companies. But the Lanham Act and the Tennessee Consumer Protection Act (“TCPA”) prohibit a company from falsely advertising or misrepresenting the goods, services, and activities of another company, or itself, if such false advertisement or misrepresentation damages the other company. 15 U.S.C. § 1125(a)(1)(B); Tenn. Code Ann. §§ 47-18-104(b)(8), -109(a)(1).

In this case, FedEx Ground Packaging Systems, Inc. (“FXG”) claims that Route Consultant, Inc. publicized nine false or misleading statements about its business practices. FXG claims that Route Consultant made the statements to foster discontent between FXG and its contractors, which would damage FXG and benefit Route Consultant. So FXG sued Route Consultant under the Lanham Act’s false-advertising provision and the TCPA’s statutory-disparagement provision. Because we agree with the district court that FXG failed to plausibly allege that Route Consultant made a single false or misleading statement, we affirm.

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