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Advanced Tactical Ordnance Systems, LLC v. Real Action Paintball, Inc.

United States Court of Appeals for the Seventh Circuit
751 F.3d 796 (2014)


Advanced Tactical Ordnance Systems, LLC (Advanced Tactical) (plaintiff) manufactured pepperballs, which were paintballs filled with pepper spray. Advanced Tactical was headquartered in Indiana. Advanced Tactical purchased trademarks for pepperball supplies from PepperBall Technologies, Inc. (PepperBall). Around the same time, Real Action Paintball, Inc. (Real Action) (defendant), a California company, obtained projectile supplies from a PepperBall supplier. Real Action posted on its website and sent a blast email to its email subscribers announcing that it acquired recipes and materials “once used by PepperBall Technologies Inc.” Advanced Tactical filed a trademark infringement suit in the United States District Court for the Northern District of Indiana. Real Action filed a motion to dismiss for lack of personal jurisdiction. Advanced Tactical argued that the district court could assert personal jurisdiction because Real Action’s website was worldwide, Real Action sent the blast email to its email subscribers all over the country, and Real Action had made sales to customers in Indiana. The district court denied Real Action’s motion. Real Action appealed.

Rule of Law


Holding and Reasoning (Wood, C.J.)

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