Derek and Constance Lee Corp. v. Kim Seng Company
Opinion of the Court
MEMORANDUM
Derek and Constance Lee Corp. dba Great River Food Corp. (“Great River”) appeals from the district court’s order denying Great River’s request for an order of civil contempt against Kim Seng Co. (“Kim Seng”) for failure to comply with the district court’s March 10, 2008, injunction. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
The district court did not abuse its discretion in concluding that Great River was barred by laches from seeking con
Nor did the district court err in concluding that Kim Seng had substantially complied with the injunction. Paragraph Two of the injunction provided that Kim Seng could use its Old Man Que Huong Brand mark, registration No. 2311982, “but only in conjunction with a graphic of a walking bearded farmer.” Kim Seng requested a clarification, to which the district court responded that “Defendant cannot use Plaintiff’s Que Huong trademark except in connection with the Oldman Que Huong Brand in conjunction with the graphic of a walking bearded farmer, period.” The district court correctly concluded that Kim Seng’s interpretation of this ambiguous order was reasonable. Therefore, the packaging which featured the phrase “Old Man Que Huong Brand” in the surround of the graphic of a walking bearded farmer clearly complied with the terms of the injunction. The words “Que Huong Brand” otherwise were used only in proximity to the graphic and therefore did not violate the injunction. We agree with the district court that Kim Seng’s actions “appear[ ] to be based on a good faith and reasonable interpretation of the [court’s order].” Go-Video, Inc. v. Motion Picture Ass’n of Am. (In re Dual-Deck Video Cassette Recorder Antitrust Litig.), 10 F.3d 693, 695 (9th Cir. 1993) (internal quotation marks and citation omitted).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Concurring Opinion
concurring:
I do not agree that the injunction is ambiguous, but I do agree that the district court did not abuse its discretion in ruling that Great River’s contempt motion is barred by laches.
Reference
- Full Case Name
- DEREK AND CONSTANCE LEE CORPORATION, a California Corporation, DBA Great River Food, Plaintiff-Counter-Defendant-Appellant, v. KIM SENG COMPANY, Defendant-Counter-Claimant-Appellee
- Cited By
- 2 cases
- Status
- Unpublished