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Friday, May 09, 2014

Ind. Decisions - 7th Circuit decides one Indiana case today, re paintballs and pepperballs

In Advanced Tactical Ordnance Sys v. Real Action Paintball, Incorpo. (ND Ind. Van Bokkelen), Chief Judge Wood writes:

Some readers of our opinions may be familiar with paintball, a type of war game in which the players shoot charges of paint at one another. Paintballs, it turns out, are not the only kind of nonlethal projectile that can be used in this way. Our case concerns a more serious product, known to Advanced Tactical Ordnance Systems (Advanced Tactical) by the name PepperBall (a ball filled with a pepper-spray-like irritant). Police departments, private security firms, and comparable organizations are the primary consumers of these items. This is a trademark infringement action, brought by Advanced Tactical against a company that calls itself Real Action Paintball, Inc., and its president, K.T. Tran. (We refer to both as Real Action, be-cause there is no material difference between the company and its president for purposes of this appeal.) Although the parties have focused in their briefs on the preliminary in-junction the district court granted, we have a more fundamental problem with the case. We conclude that the district court lacked personal jurisdiction over defendant Real Action, which preserved its objection on this point. We therefore reverse and remand with directions to dismiss on that basis.

Posted by Marcia Oddi on May 9, 2014 12:59 PM
Posted to Ind. (7th Cir.) Decisions