Battlefoam v. Outrider case dismissed

By tgn_admin
In News
Jun 30th, 2010
36 Comments
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There has been no official word from either party but we have been informed that Outrider Hobbies have been successful in getting the case against them by Battlefoam, filed in New Hampshire, dismissed and closed.

From the court order:

As currently developed, the record in this case contains some suggestion that Battle Foam’s evidence of consumer confusion regarding the parties’ respective marks may be suspect. And, there is a reasonable basis to question why this suit was filed in this forum. At a minimum, a bit of sober reflection by Battle Foam and its counsel would seem to be in order. See generally Fed. R. Civ. P. 11(b).

For the foregoing reasons, as well as those set forth in Wade’s submissions, defendant’s motion to dismiss for lack of personal jurisdiction (document no. 5) is granted. The Clerk of Court shall enter judgment in accordance with this order and close the case.

Update: The Living Dice also has a post about the dismissal of the case with a bit more detail as well as links to the original filings.