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The owners of two coffee shops in upstate New York can continue, for now, operating as “Ex Federal Expresso” in spite of the likelihood that the Federal Express Corp. will succeed with its claims that the defendants diluted its famous trademark, the U.S. Court of Appeals for the Second Circuit ruled in Federal Express Corp. v. Federal Expresso Inc., 2d Cir., No. 98-9430, 1/5/00). The court wrote that although it did not necessarily agree with the U.S. District Court for the Northern District of New York’s denial of a preliminary injunction on the dilution claim, it saw no abuse of discretion in the lower court’s ruling.

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