Custom Manufacturing & Engineering, Inc. v. Midway Services, Inc.

Summary

The Eleventh Circuit affirmed summary judgment for the defendants in a trademark infringement and Florida unfair-trade-practices action arising from a water meter reading system contract dispute. The court held that Custom Manufacturing failed to establish a likelihood of consumer confusion from its trade name appearing on concealed printed circuit boards, and that this failure also defeated its related Florida claim.

Holdings

1. Summary judgment for defendants was proper because Custom failed to present sufficient evidence that consumers were likely to be confused by the trade-name legend on the enclosed circuit boards.
2. Summary judgment for defendants was proper on the FDUTPA claim because Custom's failure to establish a Lanham Act infringement claim extinguished its derivative Florida unfair-competition claim.
3. The district court did not abuse its discretion by adopting the magistrate judge's denial of Custom's motion to compel information concerning Midway's customers.

Questions Presented

1. Whether summary judgment was proper on Custom's Lanham Act false-designation-of-origin claim where the record did not establish a likelihood of consumer confusion.
2. Whether the failure of the Lanham Act claim required summary judgment on Custom's Florida Deceptive and Unfair Trade Practices Act claim.
3. Whether the district court abused its discretion by adopting the magistrate judge's denial of Custom's motion to compel customer information.

Disposition

affirmed