American Machinery Movers, Inc. v. Machinery Movers of New Orleans, LLC; Darryl Breland

*Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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01-30796
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AMERICAN MACHINERY MOVERS, INC.,
Plaintiff-Appellant,
v.
MACHINERY MOVERS OF NEW ORLEANS, LLC;
DARRYL BRELAND,
Defendants-Appellees.
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Appeal from the United States District Court for the
Eastern District of Louisiana
USDC No. 00-CV-3356
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March 14, 2002
Before HIGGINBOTHAM, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Appellant, American Machinery Movers, Inc., appeals from an adverse summary judgment
dismissing its trademark infringement claim. The infringement claim centers around the use of the
name Machinery Movers of New Orleans, LLC, by the appellee, Darryl Breland. We find the appeal

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wholly without merit. Our review of the summary judgment evidence compels a conclusion that the
trade name is descriptive and not suggestive and that appellant’s trade name has not acquired
secondary meaning. As the appellant’s summary judgment evidence falls woefully short of raising
a fact issue as to suggestiveness or secondary meaning, the judgment of the district court is
AFFIRMED.

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