Hart Schaffner & Marx v. Alexander's Department Stores, Inc.

Hart Schaffner & Marx (“HSM”) appeals from an order denying its motion to adjudge Alexander’s Department Stores, Inc., in civil contempt for violation of a consent decree. The decree, entered in settlement of a suit brought by HSM for trademark infringement, dilution and unfair competition, permanently enjoined Alexander’s from using any “colorable imitation” of their HSM’s or its own “representation of a medieval horse and rider in connection with the sale or offering for sale of any clothing products or wearing apparel.” The present proceeding was commenced by HSM almost one year after…