The Steelers and NFL stripped profits from a knock-off clothing maker Friday, scoring in a rematch of a 2005 federal court case that hinged on the trademarked triple hypocycloid symbol.
U.S. District Judge Terrence F. McVerry ruled that Nicholas Wohlfarth, of Turtle Creek Sportswear, violated a 2005 consent order barring him from selling shirts, hoodies and hats with slightly altered versions of the team's symbol, the three diamond-like shapes called hypocycloids.
Disclaimer stickers advising buyers that the goods were not officially licensed National Football League goods didn't cut it, the judge ruled, in finding Mr. Wohlfarth in contempt of court for violating the 2005 order that he admitted, in a January hearing, to reading and understanding.
The judge ordered Mr. Wohlfarth to immediately recall any unsold goods that violated the 2005 order, and, preferably, donate them to a foreign charity. He also ordered an accounting of all profits from the sale of Steelers-like apparel by Turtle Creek Sportswear, with the earnings since July to go to the Steelers and NFL Properties Inc.
Mr. Wohlfarth could also be compelled to cover the legal fees incurred by the Steelers and NFL, which used four lawyers -- two local and two from New York -- and an investigating firm to make their case.
Failure to comply could land Mr. Wohlfarth a $200-a-day fine.
"We're in the process of digesting [the order]," said attorney William J. Helzlsouer, who represents Mr. Wohlfarth. He said an appeal, or a request for time to consider one, might be considered.
Turtle Creek Sportswear "employs about 12 people, and this may hurt [Mr. Wohlfarth]," Mr. Helzlsouer said. "Everything he makes, he makes here, at what he considers a reasonable price. And he's dealing with a very large organization" in the Steelers.
A Steelers spokesman could not be reached for comment. NFL spokesman Brian McCarthy said only, "We are pleased with the decision."
"It's unfortunate that the National Football League and those people feel they need to have it all," said Mr. Helzlsouer. Mr. Wohlfarth's "little kiosks in the Shop 'n Saves didn't hurt them at all."
