Defeated Preliminary Injunction to Keep BattleFrog from Airing Obstacle-Course Race on ESPN.

August 15, 2016

ModTruss, Inc. v. BattleFrog, LLC

Taylor English handled the successful defense of a motion for a temporary restraining order and preliminary injunction brought against our client, BattleFrog, LLC, a company that organizes and stages obstacle-course races that are televised on ESPN. The stakes in this case were very high, as plaintiff Modtruss, Inc., sought to prevent the airing of a recent BattleFrog race on ESPN and to enjoin our client from putting on additional races based on claims of alleged patent and trade dress infringement related to temporary construction beams. Our team handled all aspects of the patent infringement defense, which resulted in a sweeping order by the court denying all relief requested by plaintiff in its motion, including a finding that plaintiff did not have a likelihood of success on the merits of any of its claims. The firm then filed a successful motion to dismiss, resulting in a dismissal of all plaintiff's claims for failure to state a claim. Modtruss, Inc. v. BattleFrog, LLC (N.D. Ga.)

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