Ocean Garden, Inc., Plaintiff-Counterdefendant-Appellee v. Marktrade Company, Inc. Alberto J. Soler, Defendants-Counterclaimants-Appellants

Ocean Garden Products (“OGP”) was awarded a preliminary injunction preventing Marktrade, Inc. and Alberto Soler (collectively, “Marktrade”) from imitating, copying, or making unauthorized use of OGP’s trademarks or trade dress. Mark-trade appeals the preliminary injunction. We affirm.

I

OGP markets canned fish and seafood products including Mexican abalone under the “Calmex” brand name. Marktrade markets similar products under the brand names “Sardimex” and “Seamex,” and distributes “Rey Del Mar” canned abalone for export to the Far East. Marktrade uses trade dress similar to OGP’s “Wheel Brand” abalone.

On May 14, 1990, OGP filed a complaint for federal and common law trademark infringement, unfair competition, unfair business practice, dilution, injunctive relief, interference with prospective economic advantage, interference with contract, unjust enrichment, and declaratory relief. On November 14, 1990, OGP filed a motion for a preliminary injunction which was granted in part on December 17,1990. The preliminary injunction enjoined Marktrade from “imitating, copying or making any unauthorized use” of OGP’s trademarks including (1) “Calmex”; (2) “Wheel Brand Ship’s Wheel…