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

ORDER DENYING PRELIMINARY INJUNCTION

PHILIP A. BRIMMER, District Judge.

This matter comes before the Court on a motion for preliminary injunction [Docket No. 9] filed by plaintiff Predator International, Inc (“Predator”) in its action against defendant Gamo Outdoor USA, Inc. (“Gamo”). For the reasons detailed below, 1 the Court denies the motion for preliminary injunction on the trade dress claim.

I. FACTUAL AND PROCEDURAL BACKGROUND

Predator has manufactured, distributed, and sold “Polymer Ballistic Airgun Pellets” since 2002. Pl.’s Mot. for a Prel. Inj. [Docket No. 9] (“Pl.’s Mot.”), ex. 21…