E-Z Implements, Inc. v. Marv Haugen Enterpr.

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 99-1404
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E-Z Implements, Inc., *
a Minnesota corporation, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
Marv Haugen Enterprises, Inc.; * [UNPUBLISHED]
Virnig Manufacturing, Inc., *
*
Appellees. *
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Submitted: November 17, 1999
Filed: December 29, 1999
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Before WOLLMAN, Chief Judge, LAY, and BOWMAN, Circuit Judges.
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PER CURIAM.
E-Z Implements, Inc. appeals from the district court’s1 grant of summary
judgment in favor of defendants Marv Haugen Enterprises, Inc. and Virnig
Manufacturing, Inc. in its action for trade dress infringement under section 43(a) of the
Lanham Act, 15 U.S.C. § 1125(a). Having considered the record and the parties’
1
The Honorable David S. Doty, United States District Judge for the District of
Minnesota.
submissions on appeal, we agree with the district court that E-Z Implements has
presented no evidence that the trade dress of its product, the E-Z Digger, is
nonfunctional, as is required for trade dress protection under the Lanham Act. See
Insty*Bit, Inc. v. Poly-Tech Indus., Inc., 95 F.3d 663, 667 (8th Cir. 1996) (stating that
trade dress is protected only when it is primarily nonfunctional). Accordingly, the
judgment is affirmed. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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