Zebra Distributing Co. v. Ace Fireworks, Inc.

Appellant Zebra Distributing Co., Inc. (hereinafter Zebra), is a Washington corporation engaging in the wholesale distribution of fireworks. It does not sell at retail. Respondent Ace Fireworks, Inc. (hereinafter Ace), is also a wholesale distributor of fireworks. Due to the structure of the fireworks market and the provisions of RCW 70.77.120-.910, it appears that a fireworks wholesaler prepares numerous assortments for boxed sale, advertises these assortments heavily and relies upon the brand image developed thereby to obtain retail outlets. These retail outlets are generally charitable,…