MINDEN, Nev., May 16, 2018 /PRNewswire/ -- Contrary to
false statements being circulated to certain CHEMEON distributors
and customers, the U.S. District Court for the District of
Nevada has ruled that there is no
ban on CHEMEON using the term "Metalast," and has also dismissed
with prejudice the claims by David
Semas and his company that CHEMEON's use of the phrase
"formerly Metalast" may constitute trademark infringement or is
deceiving or confusing.
As CHEMEON explained in its press release of March 21, 2017:
In a March
15, 2017, order denying a motion for partial summary
judgment by David Semas and Metalast
International, Inc., U.S. District Court Judge Miranda Du ruled that an agreement to terminate
use of the name Metalast did not "unambiguously impose an absolute
ban" on use of the word "Metalast" by CHEMEON Surface
Technology. In essence, Judge Du granted CHEMEON partial
summary judgment on the topic.
This ruling in essence constitutes summary judgment for CHEMEON
on the topic because it is, to this day, the law of the case and
has the same legal effect as a summary judgment for CHEMEON and
against the defendants David Semas
and his company, Metalast International, Inc.
Judge Du's ruling was expressly based on the prior decision of
the United States Court of Appeals
for the Ninth Circuit in Steppenwolf v. Kessbaum, holding
that a former Steppenwolf band member could not be prevented from
identifying himself as formerly of Steppenwolf even by a
trademark-dispute settlement contract with Steppenwolf saying he
would not use the term Steppenwolf going forward. One reason
this is so is because Courts will not construe contracts to reach
absurd results, such as to prevent someone from accurately
referring to their prior association with the trade name or
trademark involved in such a settlement.
Recently, however, statements have been circulated, including by
defendant David Semas, that there is
something possibly inappropriate about referring to CHEMEON's
products as "formerly Metalast." There has been no such
ruling by any Court, and there is a Court ruling directly to the
contrary.
While there is a recent Court statement saying that the Court
understood that CHEMEON itself, as opposed to its products, was not
"formerly Metalast," this statement was incorrect and now the
subject of a motion to revise it because (1) CHEMEON was formerly
known as Metalast when it had the name Metalast Surface Technology
in 2014 and 2015, (2) this fact was not disputed by the parties
before the Court, and (3) on November 1,
2016, Judge Du dismissed with prejudice the claims by Mr.
Semas and Metalast International, Inc., that CHEMEON's use of the
phrase "formerly Metalast" constitutes trademark infringement and
that any such use is likely to be confusing or deceiving.
Consequently, any suggestion that one may infringe a Metalast
trademark or tradename by use of the phrase "formerly Metalast" in
reference to CHEMEON or its previously (prior to June 10, 2015) "Metalast" products, has been
rejected by Court order – one entered with the consent of the
parties, including Mr. Semas and his company, and is therefore
final and un-appealable.
Anyone interested in reviewing these Court orders may procure
them from either the U.S. District Court for the District of
Nevada in the matter of CHEMEON v.
Metalast International, Inc., Case 3:15-cv-00294-MMD-VPC, or on
CHEMEON's website at
https://chemeon.com/p/the-companys-name-change/.
About CHEMEON Surface Technology
CHEMEON Surface
Technology is a global provider of advanced, environmentally
responsible, surface engineering solutions. CHEMEON is licensed by
the US Navy to manufacture and provide MIL-SPEC QPD/QPL Trivalent
Chromium Pre-Treatment; CHEMEON TCP-HF (Hex Free), CHEMEON
TCP-HF EPA (Extended Protection Additive), CHEMEON TCP-HF SP
(Spray) and CHEMEON TCP-HF Touch Up Pen. CHEMEON's patented
and proprietary chemistries include: Military Grade CHEMEON
TCP-NP (No Prep) and patented zero chrome CHEMEON 0CP- 6800, in
addition to a full line of anodizing pre and post treatments,
additives, dyes, custom R&D, consulting and university level
training.
Learn more at: www.chemeon.com
For more information about CHEMEON, visit www.chemeon.com or
call +1 775.782.8324.
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SOURCE CHEMEON Surface Technology