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MATHYS v. MAINTENANCE REPAIR TECHNOLOGY COMPANY

United States District Court, N.D. California, San Francisco Division


September 16, 2004.

MARTIN MATHYS, S.A. and RUST-OLEUM CORPORATION, Plaintiffs,
v.
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

JUDGMENT

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.
20040916

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