Vertex Distributing, Inc. v. Falcon Foam Plastics, Inc., Falcon Manufacturing of California, Inc., James Allen, and Michael Allen

Vertex Distributing, Inc. (“Vertex”), filed applications in the district court, asking that defendants Falcon Foam Plastics, Inc., Falcon Manufacturing of California, Inc., James Allen, and Michael Allen (“defendants”) be held in civil contempt for violating the terms of a consent judgment. Vertex now appeals the district court’s denial of those applications and the district court’s clarification of the original consent judgment. We conclude that the district court did' not abuse its discretion in denying the applications for civil contempt and that it correctly interpreted the consent judgment, We therefore affirm.

FACTS AND PROCEEDINGS BELOW

Vertex owns the federally-registered trademark “Falcon-Foam.” In February, 1978, Vertex filed a trademark infringement claim against defendants over their use of “Falcon;” in October 1978, a consent judgment was entered, that:

(1) enjoined defendants from using “Falcon-Foam or Falcon Foam,” or colorable imitations of those terms;

(2) permitted defendants to use “Falcon Foam Plastics, Inc.” as their corporate name “for legal reasons only,” and prohibited the use of that name for commercial or publicity purposes;

(8) permitted defendants…