United States District Court, N.D. California, San Francisco Division
September 16, 2004.
MARTIN MATHYS, S.A. and RUST-OLEUM CORPORATION, Plaintiffs,
MAINTENANCE REPAIR TECHNOLOGY COMPANY, INC. (d/b/a ACT-MARTCO and ADVANCED COATING TECHNOLOGY), Defendants.
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
The judgment by default, having been confirmed by order of this
Court on August 27, 2004,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that plaintiffs
Martin Mathys, S.A. and Rust-Oleum Corporation shall recover from
defendant Maintenance Repair Technology Company, Inc. (d/b/a
ACT-Martco and Advanced Coating Technology), monetary damages of
six hundred thirty six thousand six hundred four dollars and zero
cents ($636,604.00), comprised of the following:
1. statutory damages of five hundred thousand dollars
and zero cents ($500,000.00), pursuant to
15 U.S.C. § 1117(c);
2. costs of one hundred fifty dollars and zero cents
($150.00), pursuant to 15 U.S.C. § 1117(a), (c); and
3. attorneys' fees of one hundred thirty six thousand
six hundred four dollars and zero cents
($136,604.00), pursuant to 15 U.S.C. § 1117(a), (b).
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that defendant
Maintenance Repair Technology Company, Inc. (d/b/a ACT-Martco and
Advanced Coating Technology), and each of its directors,
officers, agents, servants, employees and attorneys, and each of
those persons in active concert or participation with them
(collectively "ACT"), are permanently enjoined and restrained
throughout the United States of America from the following:
1. Using Martin Mathys' NOXYDE mark on any
counterfeit products; and
2. Selling or offering for sale any paint products
under a Martin Mathys trademark that do not conform
to project specifications issued by the California
Department of Transportation, or any other entity, on
any public or private construction project.
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