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MOBILE SHELTER SYSTEMS USA, INC., Plaintiff-Appellant, v. GRATE PALLET SOLUTIONS, LLC, Jacksonville, Florida, Thomas R. Buck, Individually, Jacksonville, Florida, Defendants-Appellees

United States Court of Appeals for the Eleventh Circuit2013-02-01No. No. 12-10829
505 F. App'x 928

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Opinion

majority opinion

PER CURIAM:

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 nonfunctional to receive trade-dress protection). The judgment of the district court is affirmed.

AFFIRMED.