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Keywords

lawsuitdefendantappealsummary judgmentcopyrightpatenttrademarkcorporation
summary judgmenttrademark

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Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 95 U.S.P.Q.2d 1333

Facts

Amazing Spaces, Inc., a self-storage services company, filed a lawsuit against its competitor, Metro Mini Storage, and its builder, Landmark Interest Corporation, for trademark infringement, trade dress infringement, copyright infringement, and unfair competition. The dispute arose over a raised, five-pointed star design that Amazing Spaces claimed as its trademark. The district court granted summary judgment in favor of the defendants, concluding that the star design was not inherently distinctive and did not have secondary meaning. Amazing Spaces appealed the decision.

Issue

Whether the star symbol used by Amazing Spaces is inherently distinctive and whether it has acquired secondary meaning under the Lanham Act.

Whether a trademark is inherently distinctive and whether it has acquired secondary meaning under the Lanham Act are questions of fact.

Rule

Under the Lanham Act, a trademark can be inherently distinctive if its intrinsic nature serves to identify a particular source, or it can acquire distinctiveness through secondary meaning. A mark's registration with the Patent and Trademark Office (PTO) provides a presumption of validity, which can be rebutted by evidence showing that the mark is not inherently distinctive.

Analysis

The court analyzed the star symbol using the Abercrombie and Seabrook Foods tests to determine its distinctiveness. It found that the star symbol was commonly used in various industries, which diminished its distinctiveness. The court also noted that Amazing Spaces failed to provide sufficient evidence of secondary meaning, as there was no survey evidence and the advertising primarily featured a different design. Thus, the court concluded that the star symbol did not serve as an indicator of origin for Amazing Spaces.

Conclusion

The court affirmed the district court's summary judgment that the star symbol was not a legally protectable mark, but reversed the dismissal of Amazing Spaces's trade dress claims, remanding for further proceedings.

For the reasons stated in this court's Memorandum and Opinion entered this date, this action is dismissed with prejudice.

Who won?

Metro Mini Storage and Landmark Interest Corporation prevailed in the case as the court upheld the district court's ruling that the star symbol was not inherently distinctive and did not have secondary meaning. The court found that the widespread use of similar star designs in the industry undermined Amazing Spaces's claims, and the lack of evidence supporting the distinctiveness of the mark led to the conclusion that it was not protectable under the Lanham Act.

Metro and Landmark prevailed as the court concluded that the star symbol was not inherently distinctive and did not have secondary meaning, thus affirming the district court's summary judgment against Amazing Spaces's claims.

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