Hornady was founded in 1949 by Joyce Hornady. Aplt. App. 1047. Since that time, Hornady has manufactured and sold firearm ammunition and related products. Id. It sells its products through brick-and-mortar retailers, its websites, and direct-to-consumer sales, including direct sales to law enforcement agencies. Id. at 1048-49.
Since 1997, Hornady has sold various products under the name “TAP,” short for “Tactical Application Police.” Id. at 1047, 1061. These products include the sub-brands TAP, TAP FPD, TAP URBAN, TAP PRECISION, TAP CQ, TAP BARRIER, BTHP TAP, and GMX TAP. Id. at 1047; see, e.g., id. at 1084. In 1999, Hornady acquired trademark registration for the nonstylized word mark, “TAP.” Id. at 1052; TAP, Registration No. 2,259,161. Hornady holds nonstylized word mark registrations for other TAP sub-brands. Aplt. App. 1054-58. In 2004, the TAP mark became statutorily incontestable under 15 U.S.C. § 1065. Id. at 924-25. Photographs in the record indicate that the packaging for Hornady’s products conspicuously features the TAP mark, both as a stand-alone mark and as incorporated within a shield resembling a police officer’s badge.
Judge(s): Paul Kelly
Jurisdiction: U.S. Court of Appeals, Tenth Circuit
Related Categories: Trademark
|Circuit Court Judge(s)|
|Plaintiff Lawyer(s)||Plaintiff Law Firm(s)|
|Brett Foster||Holland & Hart LLP|
|Marcy Glenn||Holland & Hart LLP|
|Mark Miller||Holland & Hart LLP|
|Ginger Utley||Holland & Hart LLP|
|Defendant Lawyer(s)||Defendant Law Firm(s)|
|James Burton||Kirton McConkie|
|Joshua Rupp||Kirton McConkie|
|Justin Starr||Kirton McConkie|