Global Manufacture Group, LLC v. Gadget Universe.Com

ORDER GRANTING DEFENDANT GADGET UNIVERSE.COM’S MOTION FOR SUMMARY JUDGMENT OF TRADE DRESS CLAIM

Defendant Gadget Universe.Com (Gadget) filed a motion for summary judg ment in this intellectual property case involving a personal transport system for pedestrians. The electric scooter is the equivalent of a personal, portable moving sidewalk in that it allows the rider to travel at speeds three times faster than foot traffic and the rider stands upright. This motion concerns the trade dress claim brought pursuant to the Trademark Act of 1946 (Lanham Act). 15 U.S.C. §§ 1051— 1127. Trade dress refers to the overall appearance of the product design, rather than its mechanics or a specific logo. Wal-Mart Stores, Inc. v. Samara Brothers, Inc., 529 U.S. 205, 209-10 , 120 S.Ct. 1339 , 146 L.Ed.2d 182 (2000). Defendant Skymall, Inc., a distributor for Gadget, initially joined the motion, but then withdrew its joinder. Plaintiff Global Manufacture Group, LLC (GMG) requested oral argument, but the Court ordered the matter submitted on the briefs. For the reasons stated below, the Court grants the motion.

Factual Background

Plaintiff GMG named ten defendants in this action to protect its…