Cybergun S.A. et al v. JAG Precision

Filing 51

ORDER re 33 SEALED MOTION for Preliminary Injunction. Parties are Ordered to address the relevance of Secalt to their positions. Defendant shall file a supplemental brief within 14 days of the entry of this Order. Plaintiffs shall file a reply within 14 days. Signed by Judge Kent J. Dawson on 07/11/2012. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CYBERGUN S.A., et. al.,

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Plaintiffs,

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Case No. 2:12-CV-0074-KJD-GWF
ORDER

v.

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JAG PRECISION,

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Defendant.

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Presently before the Court is Plaintiffs’ Motion for Preliminary Injunction (#33). Shortly

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before briefing commenced, the Ninth Circuit Court of Appeals issued a published opinion in the

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case Secalt S.A. v. Wuxi Shenxi Constr. Mach. Co., 668 F.3d 677 (9th Cir. 2012) which addressed

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some of the legal issues at the forefront of the present action, primarily trade dress protection and

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functionality. However, neither party addressed the Secalt case which originated in this judicial

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district. Accordingly, the parties are ordered to address the relevance of Secalt to their positions in

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this litigation. Defendant shall file a supplemental brief within fourteen (14) days of the entry of this

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order. Plaintiffs shall then file a reply to Defendant’s supplement within fourteen (14) days.

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IT IS SO ORDERED.

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DATED this 11th day of July 2012.

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_____________________________
Kent J. Dawson
United States District Judge