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Civil Procedure Keyed to Cross
Advanced Tactical Ordnance Systems, LLC v. Real Action Paintball, Inc.
Citation:
751 F.3d 796 (2014)Facts
Advanced Tactical is an Indiana company that acquired the rights to the PepperBall® brand of projectile irritants. Real Action, a California company, had previously distributed PepperBall® products before Advanced Tactical acquired the brand. After the acquisition, Real Action sent emails to customers announcing it would continue selling “PepperBall® projectiles” and maintained a website through which customers nationwide could purchase products. Advanced Tactical sued Real Action in Indiana federal court for trademark infringement, false designation of origin, unfair competition, and other claims. Real Action moved to dismiss for lack of personal jurisdiction, arguing it had insufficient contacts with Indiana. The district court denied the motion, finding jurisdiction based on Real Action’s online sales to Indiana residents, its email communications, and its allegedly intentional trademark infringement directed at an Indiana company.
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