IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF ARKANSASP. S. PRODUCTS, INC., andBILLY PENNINGTON, Individually PLAINTIFFSv.
Civil Action No. 4:13-cv-342-KGBACTIVISION BLIZZARD, INC.,ACTIVISION PUBLISHING, INC., andTREYARCH CORPORATION. DEFENDANTSBRIEF IN SUPPORT OF MOTION FOR LEAVE TO AMEND COMPLAINT
Rule 15(a) of the Federal Rules of Civil Procedure allows a party to amend its complaintwith leave of the Court, and provides that leave to amend should be freely given when justice sorequires. Plaintiffs filed their Complaint in this action on June 5, 2013. Defendants filed aMotion to Dismiss on July 18, 2013. Plaintiffs’ Response is due on August 16, 2013 and willfile said Response.Plaintiffs wish to amend their Complaint to include the claim for Unfair Competition,Violation of the Deceptive Trade Practices Act and Infringement of Common Law Trademark.It has become clear to the Plaintiffs through the responsive pleadings that have been filed that theDefendants in violation of Unfair Competition by Misappropriation, Arkansas’s Deceptive TradePractices Act and have infringed on the Plaintiff common law trademark. The paramount factsof this case revolve around the Defendants offering for sale video games that contain illegalimages of the Plaintiff’s patented design. No prior art existed of this design prior to thePlaintiffs’ patent. Likelihood of confusion to purchasers and potential purchasers will and hasoccurred.
Case 4:13-cv-00342-KGB Document 11 Filed 08/15/13 Page 1 of 3