United Tactical Systems LLC v. Real Action Paintball, Inc.

[REDACTED VERSION] * ORDER DENYING MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND VENUE

ORDER CONSOLIDATING RELATED ACTIONS AND DENYING MOTIONS TO DISMISS AND MOTIONS TO STRIKE AS MOOT

INTRODUCTION

Real Action Paintball, Inc. (“Real Action”) and United Tactical Ordnance Systems LLC (“UTS”) are competitors in the irritant projectile market. They have sued and counter-sued one another as well as related parties in the above-captioned actions over disputes involving the “Pepper-Ball” trademark, unfair competition claims, and other issues. Pending before the Court are Motions to Dismiss for Lack of Personal Jurisdiction or Lack of Venue by Perfect Circle Projectiles LLC, Gary Gibson, Michael Blumenthal, and David Piell (the “Moving Parties”). ATO Dkt. Nos. 13 & 39; UTS Dkt. No. 96. 1 Real Action has also recently filed a Motion to Amend its Complaint. ATO Dkt. No. 153. Having considered the parties’ positions, relevant legal authority, and the record in this case, the Court DENIES the Motions for the reasons set forth below.

Additionally, in the process of reviewing the parties’ motions, pleadings, and related materials, the Court has determined that the above captioned…