Clark v. Zellet CA2/6

Facts and Procedural History SportFence is a plastic, breakaway fence panel used for sporting events. It is manufactured and sold under the trademark SportFence which is owned by Wayne Clark. In 2006, Clark sued Zellet for patent and trademark infringement. In May 2008, they entered into a settlement agreement providing that Zellet would stop

1 All statutory references are to the Code of Civil Procedure. manufacturing SportFence. Zellet agreed not to market or sell SportFence products not manufactured by Clark and agreed not to use special dies to manufacture SportFence parts. After the settlement agreement was executed, Zellet continued manufacturing and selling SportFence but placed no purchase orders with Clark. Zellet repudiated the settlement agreement and, in 2011, instructed a vendor (Barnes Plastic) not to sell patented parts to Clark. In 2012, Zellet changed the name of his company from SportFence to Best Portable Fence and continued to reference SportFence on his website. Clark sued for injunctive relief and contract damages. On February 2, 2012, the Santa Barbara Superior Court ordered the matter to arbitration and issued a preliminary injunction enjoining Zellet from:…