|PROGRESSIVE DISTRIBUTION SERVICES, INC.,
UNITED PARCEL SERVICE, INC.; UNITED PARCEL
SERVICE, INC.; UNITED PARCEL SERVICE OF AMERICA,
INC., UNITED PARCEL SERVICE MARKET DRIVER, INC.,
| No. 16-1830|
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:14-cv-00430—Gordon J. Quist, District Judge.
Argued: January 26, 2017
Decided and Filed: May 3, 2017
Before: GUY, CLAY, and GRIFFIN, Circuit Judges.
CLAY, Circuit Judge. Plaintiff, Progressive Distribution Services, Inc. (“Progressive”)
brought suit against Defendants, United Parcel Service, Inc., a Delaware corporation, United
Parcel Service, Inc., an Ohio corporation, United Parcel Service of America, Inc., a Delaware
corporation, and United Parcel Service Market Driver, a Georgia corporation (collectively
referred to herein as “UPS”), alleging that UPS violated the Lanham Act, 15 U.S.C. § 1051, et
seq., the Michigan Consumer Protection Act, Mich. Comp. Laws § 455.091, et seq., and the
common law governing service marks, trademarks and unfair competition. The district court
granted summary judgment in favor of UPS. For the reasons set forth below, we AFFIRM the
district court’s judgment.