Mario's Enterprises, Inc. v. Morton-Norwich Products, Inc.

MEMORANDUM

BALLANTINE, District Judge.

Defendant, Morton-Norwich Products, Inc., has alternatively moved the Court: (1) to dismiss the complaint for failure to state a claim upon which relief can be granted; or (2) to grant judgment on the pleadings on the grounds that there is no genuine issue of material fact.

Plaintiff, Mario’s Enterprises, Inc., alleges in its complaint that during a period of time from late 1979 through early 1980 defendant had television advertisements broadcast for one of its products, Pepto-Bismol, which contained statements libelous of plaintiff. Plaintiff operates a…