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TRACFONE WIRELESS, INC. v. ZIP WIRELESS PRODUCTS

Civil Action No. 1:09-cv-2575-TCB.

716 F.Supp.2d 1275 (2010)

TRACFONE WIRELESS, INC., a Delaware Corporation, Plaintiff, v. ZIP WIRELESS PRODUCTS, INC., a Georgia Corporation; Timothy H. Yeager, individually; and William R. Yeager, individually, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

June 7, 2010.

Attorney(s) appearing for the Case

Aaron S. Weiss, Carlton Fields, P.A., Miami, FL, Gail Podolsky, Carlton Fields, P.A., Atlanta, GA, James B. Baldinger, Carlton Fields, P.A., West Palm Beach, FL, for Plaintiff.

Cheralynn M. Gregoire, Lisa Fivars Harper, Otto F. Feil, III, Chorey Taylor & Feil, Atlanta, GA, David J. Zack, Kendall Coffey, Coffey Burlington Office in the Grove, Miami, FL, for Defendants.

ORDER

TIMOTHY C. BATTEN, SR., District Judge.

This matter is before the Court on Defendants' motion to dismiss [15] and motion to strike complaint [16].

I. Background1

Plaintiff TracFone Wireless, Inc. is the largest provider of prepaid wireless telephone service in the United States and markets its services under the TracFone, NET10, SafeLink and Straight Talk brands. TracFone owns and uses several...

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