GENERAL MOTORS CORP. v. URBAN GORILLA, LLC

No. 06-4128.

500 F.3d 1222 (2007)

GENERAL MOTORS CORPORATION, a Delaware corporation, Plaintiff-Appellant, v. URBAN GORILLA, LLC, a Utah limited liability company, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 12, 2007.


Attorney(s) appearing for the Case

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.

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.

Before LUCERO, MURPHY, Circuit Judges, and ROBINSON, U.S. District Court Judge.


LUCERO, Circuit Judge.

General Motors Corporation ("GM") appeals from the district court's denial of a motion for preliminary injunction against Urban Gorilla, LLC ("Urban Gorilla"). GM alleges that Urban Gorilla's "body kits" infringe upon and dilute GM's trade dress rights in its Hummer line of vehicles. Because 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, we AFFIRM...

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