The Tenth Circuit yesterday affirmed denial of a motion for preliminary injunction against sale of "body kits" that make a regular truck look like a "military-style vehicle". General Motors sought the injunction because, it claimed, the body kits infringed its "Humvee" trade dress. The court agreed with the district court GM failed to prove a likelihood that consumers would confuse vehicles using the body kits with the real Humvee. General Motors Corp. v. Urban Gorilla, LLC , No. 06-4128 (10th Cir. Sept. 12, 2007).
Barry Barnett