Mobile Shelter Systems USA, In v. Grate Pallet Solutions, LLC, et al

Filing

Opinion issued by court as to Appellant Mobile Shelter Systems USA, Inc.. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam.

Case: 12-10829

Date Filed: 02/01/2013

Page: 1 of 2

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-10829
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D.C. Docket No. 3:10-cv-00978-RBD-JBT

MOBILE SHELTER SYSTEMS USA, INC.,
Plaintiff - Appellant,
versus
GRATE PALLET SOLUTIONS, LLC,
Jacksonville, Florida,
THOMAS R. BUCK,
Individually, Jacksonville, Florida,
Defendants - Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(February 1, 2013)
Before HULL, WILSON and HILL, Circuit Judges.
PER CURIAM:

Case: 12-10829

Date Filed: 02/01/2013

Page: 2 of 2

After thoroughly reviewing the briefs and record on appeal, and with the
benefit of oral argument, we discern no reversible error in the district court’s grant
of summary judgment in favor of Grate Pallet Solutions, LLC. Mobile Shelter
System USA, Inc.’s product features are functional; therefore, they do not receive
trade-dress protection under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
See Dippin’ Dots, Inc. v. Frosty Bites Distribution, LLC, 369 F.3d 1197, 1202
(11th Cir. 2004) (holding that the features of a product’s design must be primarily
non-functional to receive trade-dress protection). The judgment of the district
court is affirmed.
AFFIRMED.

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