AMAZING SPACES, INC. v. METRO MINI STORAGE

No. 09-20702.

608 F.3d 225 (2010)

AMAZING SPACES, INC., Plaintiff-Appellant, v. METRO MINI STORAGE; Landmark Interest Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 2, 2010.


Attorney(s) appearing for the Case

Gregory Matthew Luck, Duane Morris, L.L.P., Houston, TX, Robert L. Byer (argued), Susan G. Schwochau, Special Counsel, Duane Morris, L.L.P., Pittsburgh, PA, for Amazing Spaces, Inc.

James Daniel Petruzzi (argued), Mason & Petruzzi, Houston, TX, for Metro Mini Storage.

Thad K. Jenks (argued), Jeff D. Weems, Harrison, Bettis, Staff, McFarland & Weems, L.L.P., Houston, TX, for Landmark Interest Corp.

Before KING, WIENER, and DENNIS, Circuit Judges.


KING, Circuit Judge:

Amazing Spaces, Inc., and Metro Mini Storage are rival self-storage businesses in Houston, Texas. Amazing Spaces brought this action against Metro and Landmark Interest Corporation, a construction company, alleging infringement of a star design that it claims as a service mark. The district court concluded that the design was not a legally protectable mark and dismissed Amazing Spaces's claims on summary...

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