Daniel Defense, Inc. v. Remington Outdoor Company, Inc. et al

Filing 89

ORDER dismissing 33 Motion for Hearing; dismissing 40 Motion to Strike ; granting 61 Motion to Dismiss ; dismissing 28 Motion for Preliminary Injunction. Signed by Judge William T. Moore, Jr on 9/4/15. (bcw)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

DANIEL DEFENSE, INC.,
Plaintiff,
V

CASE NO. CV414-131

.

REMINGTON OUTDOOR COMPANY,
INC., a/k/a Freedom Group,
Inc.; DPMS FIREARMS/PANTHER
ARMS; and REMINGTON ARMS
COMPANY, LLC;
Defendants.
C,

REMINGTON ARMS COMPANY, LLC,
Counter Claimant,
- 0

V.

DANIEL DEFENSE, INC.,
Counter Defendant.
ORDER

Before the Court are Plaintiff Daniel Defense, Inc.'s
Motion for Preliminary Injunction (Doc. 28) and Motion for
Hearing (Doc. 33); Defendants Remington Outdoor Company,
DPMS Firearms/Panther Arms, and Remington Arms, LLC's
Motion to Strike (Doc. 40); and the parties' Consent Motion
to Drop Party (Doc. 61) . In the Motion for Preliminary
Injunction, Plaintiff seeks to enjoin Defendants from using
Plaintiff's registered trademarks on promotional materials.

(Doc. 28 at 1.) However, Defendants have subsequently
ceased using those marks in their promotional materials and
Plaintiff has informed the Court that the issue is
currently moot. Moreover, Defendant Remington Arms, LLC has
recently filed a Motion for Summary Judgment. (Doc. 74.)
Accordingly, Plaintiff's Motion for Preliminary Injunction
(Doc. 28) and Motion for Hearing (Doc. 33), and Defendants'
Motion to Strike' (Doc. 40) are all

DISMISSED AS MOOT.

Should the need arise, Plaintiff may renew its motion and
seek injunctive relief. Additionally, the parties' Consent
Motion to Drop Party is

GRANTED

and Plaintiff's claims

against Defendant Remington Outdoor Company, Inc. are
DISMISSED WITH PREJUDICE.

Plaintiff's claims against DPMS

Firearms/Panther Arms, and Remington Arms Company, LLC
remain pending.
SO ORDERED this

day of September 2015.

WILLIAM T. MOORE, JRV
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

1

In this motion, Defendants sought to strike portions of
two affidavits Plaintiff filed in support of its motion for
injunctive relief.
2