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ADVANCED TACTICAL SYS. v. REAL ACTION PAINTBALL

No. 13-3005.

751 F.3d 796 (2014)

ADVANCED TACTICAL ORDNANCE SYSTEMS, LLC, Plaintiff-Appellee, v. REAL ACTION PAINTBALL, INC., and K.T. Tran, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 9, 2014.

Attorney(s) appearing for the Case

Michael L. Blumenthal , Attorney, Milton M. Blumenthal & Associates, Chicago, IL, for Plaintiff-Appellee.

Paul B. Overhauser , Attorney, Overhauser Law Offices LLC, Greenfield, IN, for Defendants-Appellants.

Before WOOD, Chief Judge, and POSNER and KANNE, Circuit Judges.

WOOD, Chief Judge.

Some readers of our opinions may be familiar with paintball, a type of war game in which the players shoot charges of paint at one another. Paintballs, it turns out, are not the only kind of nonlethal projectile that can be used in this way. Our case concerns a more serious product, known to Advanced Tactical Ordnance Systems (Advanced Tactical) by the name PepperBall (a ball filled with a pepper-spray-like irritant). Police departments, private...

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