EZ Pedo, Inc. v. Mayclin Dental Studio, Inc.
Opinion
Lead Opinion
Mueller, J.
The parties sell similar pediatric dental crowns. Plaintiff EZ-Pedo, Inc. sues defendant Mayclin Dental Studio, Inc. for copying the "look and feel" of its dental crown advertisements. Specifically, plaintiff brings trade dress and trademark infringement *1067 claims, state and federal unfair competition and false advertising claims, and deceptive trade practice claims. Defendant moves for partial summary judgment, arguing three specific advertisements are not protectable trade dress or trademarks. Mot., ECF No. 42. Plaintiff opposes. Opp'n, ECF No. 45. The court heard oral argument on May 5, 2017. ECF No. 48.
As explained below, the court GRANTS defendant's motion.
I. BACKGROUND
A. Parties
EZ-Pedo is a California corporation that manufactures and markets "prefabricated pediatric zirconia crowns," which are colorless, durable, all-ceramic crowns that mask disfiguration or stains on children's teeth. See Compl., ECF No. 1, ¶ 5. 2 EZ-Pedo sells its pediatric zirconia crowns to dentists throughout the United States. Id. ¶¶ 11, 12. Defendant is a Minnesota corporation and competitor that sells similar pediatric zirconia crowns under the business name Kinder Krowns. Id. ¶ 6.