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DIPPIN' DOTS, INC. v. FROSTY BITES DISTRIBUTION

No. 03-14047.

369 F.3d 1197 (2004)

DIPPIN' DOTS, INC., Plaintiff-Appellant, v. FROSTY BITES DISTRIBUTION, LLC, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 11, 2004.

Attorney(s) appearing for the Case

Michael J. Bowers, Christopher S. Anulewicz, Meadows, Ichter & Trigg, PC, Atlanta, GA, D. Scott Hemingway, Dallas, TX, for Plaintiff-Appellant.

Keith E. Broyles, John P. Fry, Alston & Bird, Atlanta, GA, for Defendant-Appellee.

Before DUBINA and COX, Circuit Judges, and OWENS, District Judge.

DUBINA, Circuit Judge:

Plaintiff-Appellant Dippin' Dots, Inc. ("DDI") brought suit against Defendant-Appellee Frosty Bites Distribution, LLC ("FBD") alleging trade dress infringement of DDI's product design and logo design, both in violation of the Lanham Act, 15 U.S.C. § 1125. The district court granted summary judgment in favor of FBD on both claims. For the reasons that follow, we affirm the judgment of the district court.

I. BACKGROUND

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