Mobile Shelter Systems USA, Inc. v. Grate Pallet Solutions, LLC, et al, No. 12-10829 (11th Cir. 2013)

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Case: 12-10829 Date Filed: 02/01/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-10829 ________________________ D.C. Docket No.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