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


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

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Case: 12-10829 Date Filed: 02/01/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-10829 ________________________ D.C. Docket No.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. 2

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