Predator International, Inc. v. Gamo Outdoor USA, Inc.

Filing 76

ORDER Granting Preliminary Injunction re Copyright Infringement pursuant to the 32 Stipulation. Gamo, including its officers, directors, etc. is preliminarily enjoined from using any phrase that infringes the copyrightable subject matter shown in the Predator Copyright Registration as set forth in this Order, by Judge Philip A. Brimmer on 10/22/09. (ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 09-cv-00970-PAB-KMT PREDATOR INTERNATIONAL, INC., a Colorado corporation, Plaintiff, v. GAMO OUTDOOR USA, INC., a Florida corporation, Defendant. _____________________________________________________________________ ORDER GRANTING PRELIMINARY INJUNCTION RE COPYRIGHT INFRINGEMENT _____________________________________________________________________ The parties have stipulated to the issuance of a preliminary injunction pursuant to Federal Rule of Civil Procedure 65(a) limited to plaintiff's claim for copyright infringement [Docket No. 32]. Consistent with their stipulation and in order to protect plaintiff's copyright, it is ORDERED that: Gamo, including its officers, directors, agents, employees, related companies, and all those persons in active concert or participation with it, is preliminarily enjoined from using the exact phrase: 1. "Specifications: Higher Velocity & Flat Trajectory Accurate and Efficient Allows for Deeper Penetration Instant Expansion on Impact Light Weight

.177 cal weighs 8gr, .22 weighs 16gr" and any of the following phrases or any phrase that infringes the copyrightable subject matter shown in the Predator Copyright Registration, either alone or in combination with each other, in its advertising or promotional materials, on its website, or in any way in connection with the sale of the RED FIRE air gun pellet: 1. You will experience better accuracy, deeper penetration and higher velocity with these revolutionary new hunting polymer tipped pellets. 2. The hollow point design creates instant expansion on impact allowing for the taking of larger animals. 3. The hard polymer tip provides excellent flight characteristics as well. 4. The Red FireTM is designed specifically to be the most effective and efficient air gun hunting ammunition available.

DATED October 22, 2009. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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