GLOBAL MAIL LTD. v. U.S. POSTAL SERVICE

No. 97-1146.

142 F.3d 208 (1998)

GLOBAL MAIL LIMITED, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee. United Parcel Service, Incorporated; Air Courier Conference of America, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided April 23, 1998.


Attorney(s) appearing for the Case

ARGUED: Edward Alan Pennington, Morgan & Finnegan, L.L.P., Washington, DC, for Appellant. John Crawford Hoyle, Appellate Staff, Civil Div., U.S. Dept. of Justice, Washington, DC, for Appellee. ON BRIEF: Frank W. Hunger, Asst. Atty. Gen., Helen F. Fahey, U.S. Atty., Barbara C. Biddle, Appellate Staff, Civil Div., U.S. Dept. of Justice, Washington, DC, for Appellee. Hill B. Wellford, Jr., Wood W. Lay, Hunton & Williams, Richmond, VA; John E. McKeever, Kaethe B. Schumacher, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for Amicus Curiae UPS. L. Peter Farkas, Michael H. Selter, Mary Boney Denison, Farkas & Manelli, P.L.L.C., Washington, DC, for Amicus Curiae Air Courier Conference.

Before MURNAGHAN, Circuit Judge, PHILLIPS, Senior Circuit Judge, and BRITT, Senior United States District Judge for the Eastern District of North Carolina, sitting by designation.


Vacated and remanded by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge MURNAGHAN and Senior Judge BRITT joined.

OPINION

PHILLIPS, Senior Circuit Judge:

Global Mail Limited, a private courier service, brought this action alleging that the United States Postal Service (USPS) had violated the Lanham Act in advertising its international mailing service under the name "Global Priority Mail." The district court determined that...

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