Fox IP Litigation Team Wins Injunction in Dispute Over Manufacturing of Modernized World War II Firearm

September 8, 2020 – Press Releases

A team of Fox Rothschild IP Litigation attorneys secured a preliminary injunction that cleared the way for Georgia-based Hill & Mac Gunworks LLC (HMG) to retrieve equipment, parts and inventory from True Position Inc., a Utah manufacturer that failed to produce HMG’s modernized World War II-era firearm that has been preordered by nearly 700 customers of HMG.

The Fox team argued that it would be difficult, costly and time-consuming to replace the property being held by True Position, and that True Position had no use for the materials since HMG owns the intellectual property rights to the firearm and its parts.

U.S. District Judge Steven D. Grimberg of the Northern District of Georgia issued an order that allowed HMG to retrieve its property from True Position’s facility in Utah, citing the risk of “irreparable damage” to HMG’s reputation due to the dilemma it faced in delivering on hundreds of orders or issuing refunds. As a result of the ruling, HMG will be able to more readily proceed with production of the rifles to satisfy existing and future orders.

HMG was represented by Fox Partners Dianna G. El Hioum and G. Marshall Kent Jr. and Associate Nicholas B. Corser.