AL-OR Internatinal, Ltd. v. Grandeur Creations, Inc.

MEMORANDUM **

Appellants AL-OR International, Ltd. and Phillipe Charriol International, Ltd. (Appellants) appeal the district court’s denial of AL-OR’s motion for an order to show cause why Appellee Reller, Inc. (Reller) should not be held in contempt for violation of a permanent injunction. The district court found that Reller did not violate the terms of the permanent injunction because the jewelry in question was neither a “colorable imitation of’ nor “substantially similar” to Appellants’ trademark, and therefore denied Appellants’ motion. We affirm.

Appellants were granted a trademark (the Trademark) on February 27, 1990, which consisted of a “metallic nautical rope design as an integral feature of ... clocks, watches, and jewelry; namely, key rings, rings, bracelets, earrings, necklaces, pendants, and cufflinks, all made of precious metal.” Appellants brought a successful trademark infringement and unfair competition suit against Reller which resulted in the issuance of an injunction permanently enjoining Reller from manufacturing infringing goods. Reller subsequently developed new fines of cable jewelry named “New Twist” and “Gold Wave.” Appellants filed a motion with the…