United States Tenth Circuit
General Motors Corp. v. Urban Gorilla, LLC, 06-4128
In trademark dispute over steel "body kits" designed to make a truck look like a military-style vehicle, denial of plaintiff GM's motion for preliminary injunction is affirmed where the district court did not abuse its discretion in finding that GM failed to make a strong showing of a likelihood of success on the merits that the "body kits" infringe upon and dilute GM's trade dress rights in its Hummer line of vehicles.
Appellate Information
- Decided 09/12/2007
- Published 09/13/2007
Judges
- LUCERO, Circuit Judge., Before LUCERO, MURPHY, Circuit Judges, and ROBINSON, U.S. District Court Judge.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Thomas R. Lee (Gregory D. Phillips, Scott R. Ryther with him on the briefs), Howard, Philips & Andersen, Salt Lake City, UT, for the Plaintiff-Appellant.
- For Appellees:
- Peter H. Barlow, Strong & Hanni, Salt Lake City, UT, (Erik E. Child, Beyer, Pongratz & Rosen, Sacramento, CA, with him on the briefs) for the Defendant-Appellee.