       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                   MAX RACK, INC.,
                   Plaintiff-Appellant,

                            v.

          HOIST FITNESS SYSTEMS, INC.,
                Defendant-Appellee.
               ____________________

                      2010-1417
                ______________________

   Appeal from the United States District Court for the
Southern District of Ohio in No. 05-CV-0784, Judge
Michael H. Watson.
                ______________________

                     JUDGMENT
                ______________________

    JEFFREY S. STANDLEY, Standley Law Group, LLP, of
Dublin, Ohio, argued for plaintiff-appellant. With him on
the brief were JAMES L. KWAK, F. MICHAEL SPEED, JR. and
MICHAEL R. STONEBROOK.

    SUSAN B. MEYER, Gordon & Rees, LLP, of San Diego,
California, argued for defendant-appellee. With him on
the brief was JOHN L. HALLER.
                 ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

    PER CURIAM (RADER, Chief Judge, NEWMAN and DYK,
Circuit Judges).


           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT


February 10, 2011      /s/ Jan Horbaly
     Date                 Jan Horbaly
                             Clerk
