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Amazing Spaces, Inc. v. Metro Mini Storage

The star symbol at issue in this infringement case is not inherently distinctive, and appellant has not raised a genuine issue of material fact regarding secondary meaning. The symbol is thus not legally protectable as a mark, so the 5th U.S. Circuit Court of Appeals affirmed the district court's judgment dismissing appellant?s claim for service mark infringement. However, whether the symbol is legally protectable as a mark is not dispositive of appellant?s remaining federal claims for trade dress and copyright infringement or its state claims for common law trade dress infringement and statutory trade dress dilution. Therefore, the court reversed the district court's judgment insofar as it dismissed those claims and remanded. 5th U.S. Circuit Court of Appeals, No. 09-20702, 06-04-2010

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Published opinion

Before KING, WIENER, and DENNIS, Circuit Judges.

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 judgment. We agree that the design was not legally protectable, and we affirm the judgment dismissing Amazing Spaces’s service mark infringement claims. However, we also conclude that the district court erred in dismissing Amazing Spaces’s claims relating to infringement of its trade dress, and we reverse and remand for further proceedings.

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