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7th Circuit issues correction in PepperBall opinion

May 13, 2014

The 7th Circuit Court of Appeals issued an order Monday correcting errors in its May 9 opinion on whether Indiana has jurisdiction to hear a dispute over intellectual property issues between two California companies.

The 7th Circuit reversed the grant of a preliminary injunction asked for by Advanced Technical with regards to the use of the term “PepperBall” by Real Action Paintball Inc. on its website and in emails. The judges found Indiana did not have personal jurisdiction in the case.

“IT IS ORDERED that the motion is GRANTED, and the word ‘judgment’ is replaced with ‘preliminary injunction’ in the final sentence of the court’s opinion and the first sentence of the court’s judgment, both dated May 9, 2014. The final sentence in this court’s opinion is AMENDED to read: ‘We REMAND the case with instructions to vacate the preliminary judgment and dismiss the complaint for lack of personal jurisdiction.’ The first sentence in the court’s judgment is AMENDED to read: ‘The case is REMANDED with instructions to vacate the judgment and dismiss the complaint for lack of personal jurisdiction,’” the order states.

The case is Advanced Tactical Ordnance Systems Inc. v. Real Action Paintball Inc. and K.T. Tran,13-3005. 
 

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