Case: 12-12829 Date Filed: 01/30/2013 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-12829
Non-Argument Calendar
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D. C. Docket No. 1:11-cv-00473-WSD
UNIQUE SPORTS PRODUCTS, INC.,
Plaintiff-Appellant,
versus
FERRARI IMPORTING COMPANY,
d.b.a. Gamma Sports,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Georgia
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(January 30, 2013)
Before TJOFLAT, MARCUS and KRAVITCH, Circuit Judges.
PER CURIAM:
Case: 12-12829 Date Filed: 01/30/2013 Page: 2 of 2
Unique Sports Products, Inc. appeals the judgment the District Court entered
in accordance with its May 15, 2012 order granting Ferrari Importing Company’s,
d/b/a Gamma Sports, motion to dismiss for failure to state a claim for relief.
The District Court dismissed with prejudice Unique’s claim that Gamma’s use of its
String Survey rankings constituted false and misleading representations of fact in its
commercial advertising and promotions in violation of Section 43(a) of the Lanham
Act,
15 U.S.C. § 1125(a), and dismissed without prejudice Unique’s claim under
Georgia’s Uniform Deceptive Trade Practices Act.
The District Court dismissed Unique’s Lanham Act claim on the basis of our
decision in Phoenix of Broward, Inc. v. McDonald’s Corp.,
489 F.3d 1156 (11th Cir.
2007), concluding that McDonald’s controlled its disposition of that claim. We
agree and therefore affirm the District Court’s judgment.
AFFIRMED.
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