Unique Sports Products, Inc v. Ferrari Importing Company, No. 12-12829 (11th Cir. 2013)

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Case: 12-12829 Date Filed: 01/30/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ___________________________ No. 12-12829 Non-Argument Calendar __________________________ D. C. Docket No. 1:11-cv-00473-WSD UNIQUE SPORTS PRODUCTS, INC., Plaintiff-Appellant, versus FERRARI IMPORTING COMPANY, d.b.a. Gamma Sports, Defendant-Appellee. __________________________ Appeal from the United States District Court for the Northern District of Georgia __________________________ (January 30, 2013) Before TJOFLAT, MARCUS and KRAVITCH, Circuit Judges. PER CURIAM: Case: 12-12829 Date Filed: 01/30/2013 Page: 2 of 2 Unique Sports Products, Inc. appeals the judgment the District Court entered in accordance with its May 15, 2012 order granting Ferrari Importing Company s, d/b/a Gamma Sports, motion to dismiss for failure to state a claim for relief. The District Court dismissed with prejudice Unique s claim that Gamma s use of its String Survey rankings constituted false and misleading representations of fact in its commercial advertising and promotions in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and dismissed without prejudice Unique s claim under Georgia s Uniform Deceptive Trade Practices Act. The District Court dismissed Unique s Lanham Act claim on the basis of our decision in Phoenix of Broward, Inc. v. McDonald s Corp., 489 F.3d 1156 (11th Cir. 2007), concluding that McDonald s controlled its disposition of that claim. We agree and therefore affirm the District Court s judgment. AFFFIRMED. 2

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