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STIFFEL CO. v. WESTWOOD LIGHTING GROUP

March 19, 1987

The Stiffel Company, Plaintiff
v.
Westwood Lighting Group, Defendant



The opinion of the court was delivered by: LECHNER

 This matter was commenced by The Stiffel Company ("Stiffel") against Westwood Lighting Group ("Westwood") seeking temporary, preliminary and permanent injunctive relief to prevent injury to Stiffel's business as a result of Westwood advertising alleged to be in violation of the Lanham Trademark Act, 15 U.S.C. §§ 1125(a) and 1117 (the "Lanham Act"). (Complaint, para. 1.) It appears this court has jurisdiction under 28 U.S.C. §§ 1331 and 1338 for the alleged violation of the Lanham Act.

 
Westwood out-performs with WestPro
 
Out-performs the competition including STIFFEL
 
Westwood's revolutionary breakthrough in quality finishing technology has been proven in test after test. See it for yourself at the January markets.
 
QUALITY CONTROL
 
From start to finish, Westwood lamps reflect state-of-the-art engineering and superior quality. It begins with pure base metal that must pass our exclusive, monitored purity test before it is melted down and cast. Sophisticated equipment closely inspects temperature and purity of melt, enabling us to create "the perfect base" for the brass plating. Now, through a major step in chemical engineering, we can achieve better and thicker brass plating. Our new filtering system gives us plating solutions superior to those used by other manufacturers.
 
WESTPRO . . . THERE'S NOTHING LIKE IT!
 
Casting the glow of quality and beauty of design that comes from the best materials and methods, Westwood has reached a new level of achievement. The results are a flawless lacquer finish that makes Westwood brass lamps better than ever . . . better than the competition. Where quality prevails and value counts, we met the challenge. The results have been tested over and over again. The proof is here and now. Check it out for yourself . . . THE WESTPRO SYSTEM, a process that brings you a better looking, more durable lamp //--- defect-free!
 
SUPERIORITY OF FINISH
 
Our shine outshines them all! The secret's in our newly formulated lacquer that provides the ultimate finish and protects the brass better than anything else on the market. We eliminated ugly black spots that plague brass. We proved our superiority through ultraviolet and aging tests, abrasion tests, tests for resistance to salt and moisture. After putting our lamps through torture tests for everything from staining and pitting to impact resistance, Westwood's outstanding American technology surpassed all competitors tested.

 Exhibit A to the Complaint (hereinafter the "Trade Advertisement").

 Subsequent advertisements have been placed for publication in two consumer magazines:

 
Westwood Lamps better than ever with WestPro
 
A new revolutionary protection system that outperforms the competition, even Stiffel.
 
Our independent testing of competitive lighting products has proven that the Westpro Protection System out performs the competition, including Stiffel. Now when you buy a Westwood lamp, you're selecting "The Proven Best."
 
A PERFECT BEGINNING is created in the selection and inspection of the base metal, monitored for purity before it is melted and cast into the many outstanding Westwood designs.
 
OUR SHINE OUTSHINES THEM ALL.
 
To further enhance the beauty of a Westwood lamp, our engineers formulated a new lacquer that protects the brass and provides a flawless finish.
 
Westwood lamps shine on in every part of the country.
 
We have weathered the elements in test after test for resistance to salt and moisture, abrasion and even aging. Westwood lamps will outshine them all.
 
Visit a Westwood dealer near you and see the Westpro Protection System for yourself. We look forward to your appraisal.

 Exhibit B to the Complaint (hereinafter the "Consumer Advertisement").

 In addition, Stiffel complains of Westwood promotional materials in the form point of-purchase display units, cards and brochures:

 
Westwood Lamps better than ever with WestPro
 
A new revolutionary protection system that outperforms the competition, even Stiffel.
 
Our independent testing of competitive lighting products has proven that the Westpro Protection System out performs the competition, including Stiffel. Now when you buy a Westwood lamp, you're selecting "The Proven Best."
 
A PERFECT BEGINNING is created in the selection and inspection of the base metal, monitored for purity before it is melted and cast into the many outstanding Westwood designs.
 
OUR SHINE OUTSHINES THEM ALL. To further enhance the beauty of a Westwood lamp, our engineers formulated a new lacquer that protects the brass and provides a flawless finish.
 
Westwood lamps shine on in every part of the country.
 
We have weathered the elements in test after test for resistance to salt and moisture, abrasion and even aging. Westwood lamps will outshine them all.
 
Visit a Westwood dealer near you and see the Westpro Protection System for yourself. We look ...

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