Darby & Darby “Shoots Down” Preliminary Injunction in False Advertising Case

Business Wire, April 21, 2009

SANTA ANA, Calif. -- A district court in Santa Ana, California denied a motion for preliminary injunction earlier this week in Surefire, LLC v. Advanced Armament Corp., Case No. SA CV 08-1405 DOC (RNBx), a false advertising case. Allegations in the case concern the sale of firearm sound suppressors ("silencers") sold to military units to fight terrorism and an advertisement related to silencer durability made by Darby & Darby client Advanced Armament Corp. (“AAC”). AAC’s competitor, SureFire, LLC of Fountain Springs, CA, claimed that AAC’s advertisement comparing the welds of an AAC silencer to those in a SureFire silencer were false and misleading. In February 2009, SureFire filed a motion for preliminary injunction seeking to halt further publication of the advertisement, claiming that it caused irreparable harm to SureFire’s reputation. The Honorable David O. Carter, district court judge for the U.S. District Court, Central District of California, denied SureFire’s motion, finding that SureFire failed to show that it was likely to prevail on the merits of its claims and that it also failed to adequately support its claims of irreparable harm. AAC was represented in this matter by Darby & Darby attorneys David Tellekson, Mark Walters, and Dianna Goldenson.

Darby & Darby is a full-service intellectual property firm that has focused on patents, copyrights, trademarks, licensing and false advertising for over 115 years. As one of the oldest intellectual property firms in the United States, Darby & Darby has long been an important player in pioneering and precedent-setting IP matters.

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