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Keywords

plaintiffdefendanttrademarkcompliancegood faith
injunctionmotiontrademarkcompliancegood faith

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Wolfard Glassblowing Co. v. Vanbragt, 118 F.3d 1320, 43 U.S.P.Q.2d 1378, 97 Cal. Daily Op. Serv. 5339, 97 Daily Journal D.A.R. 8668

Facts

Wolfard Glassblowing Company registered a trademark for its oil lamp design and subsequently filed an unfair competition action against Zodiac Expressions, claiming that Zodiac's Virgo Lamps were copies of its design. The parties settled, resulting in a consent judgment that prohibited Zodiac from making any lamps that were colorable imitations of Wolfard's lamps. In 1995, Wolfard moved for a contempt judgment, alleging that Zodiac had violated this decree by selling lamps that were only slightly different from the original Virgo Lamps. The district court found Zodiac in contempt for producing colorable imitations of Wolfard's lamps.

In April 1990, after Wolfard had registered its trademark, Wolfard and Zodiac agreed to settle the unfair competition action. Pursuant to their agreement, the district court entered a consent judgment and permanent injunction that enjoined Zodiac from making, distributing, selling, or advertising any oil lamp that was a 'simulation, reproduction, counterfeit, copy, or colorable imitation' of the Wolfard Lamp design.

Issue

Did Zodiac Expressions violate the consent judgment by marketing colorable imitations of Wolfard's oil lamps?

The basic issue is whether Zodiac violated the consent judgment by marketing 'colorable imitations' of Wolfard's oil lamps.

Rule

To hold a party in civil contempt, the plaintiff must show by clear and convincing evidence that the defendant violated a consent judgment beyond substantial compliance, and that the violation was not based on a good faith and reasonable interpretation of the judgment. The term 'colorable imitation' in trademark law refers to any mark that resembles a registered mark to the extent that it is likely to cause confusion or mistake.

To succeed in its motion for civil contempt, Wolfard had to show by clear and convincing evidence that Zodiac violated the consent judgment beyond substantial compliance, and that the violation was not based on a good faith and reasonable interpretation of the judgment.

Analysis

The district court determined that Zodiac's new Virgo Lamps were colorable imitations of Wolfard's lamps based on a visual comparison. The court noted that the new lamps were similar enough to the original Virgo Lamps that they would likely confuse consumers. Zodiac's argument that it only made minimal changes to its product was rejected, as the court found that it had a duty to avoid any resemblance to Wolfard's trademark. The court concluded that Zodiac's interpretation of the consent judgment was not reasonable or in good faith.

The district court found that the new Virgo Lamps were a 'colorable imitation' of the Wolfard Lamp, in violation of the consent decree. The district judge based his conclusion primarily on a visual comparison of the Wolfard Lamp and the new Virgo Lamp.

Conclusion

The district court did not abuse its discretion in holding Zodiac in contempt for violating the consent judgment, and the judgment was affirmed.

We conclude that the district court did not err in finding that Zodiac made and sold lamps that are colorable imitations of Wolfard's lamps.

Who won?

Wolfard Glassblowing Company prevailed in this case as the court upheld the contempt ruling against Zodiac Expressions. The court found that Zodiac had violated the consent judgment by producing lamps that were colorable imitations of Wolfard's trademarked design. The ruling emphasized that Zodiac's interpretation of the consent decree was not reasonable, and it had a duty to avoid any resemblance to Wolfard's trademark, thus reinforcing the protection of Wolfard's registered trade dress.

The district court concluded that Zodiac had violated a consent judgment and permanent injunction that prohibited it from making or selling oil lamps that are 'colorable imitations' of the Wolfard Glassblowing Company's oil lamps.

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