IRVINE, Calif. - March 2, 2021 - (Newswire.com)
On June 3, 2015, Chemeon Surface Technology, LLC commenced an action against David Semas, Greg Semas, Wendi Semas, and several of David Semas's business entities. See Chemeon Surface Technology, LLC v. Semas, Case No. 3:15-CV-00294, United States District Court for the District of Nevada. The allegations in that case are in the public record, available for all interested persons to view.
During nearly six years of litigation, the court entered a defense summary judgment on all claims against Greg Semas and Wendi Semas, and nearly all claims against David Semas and his business entities. The remaining claims were the subject of a trial in November 2020. On February 23, 2021, the court ruled on all remaining claims, and entered Findings of Fact, Conclusions of Law, and Judgment and closed the case. Semas contends his positions have been vindicated. As part of the judgment, the court ruled:
IT IS FURTHER DECREED that, beginning June 11, 2015, Dean Meiling, Madylon Meiling, and Chemeon had no right to use "Metalast" in commerce, including, but not limited to, calling itself or its products "formerly Metalast" or "formerly known as Metalast"; and
IT IS FURTHER DECREED that Counterclaimants Dean Meiling, Madylon Meiling, and Chemeon are hereby ordered to perform the Settlement by halting all use of "Metalast" on any product labels, advertisements, sales orders, invoices, purchase orders, technical data sheets, safety data sheets, web pages, brochures, or other documents of commerce. This judgment of specific performance may be enforced by contempt proceedings in this court.
David Semas is hopeful that this finally puts to rest Chemeon's six-year quest to trade on the "Metalast" brand name, and that the chemical industry will no longer trade on that brand name without license to do so.
ATTENTION MANUFACTURERS AND PROCESS AUDITORS: No product or piece part processed since June 11, 2015 by Chemeon Surface Technology, LLC or its manufacturing and distribution partners, Chemetall US, Inc. and QualiChem is a Metalast® specified or approved product. The lawful Metalast® trademark owner, David M. Semas disclaims any and all liability for product defects, wrongful death, personal injury or property damage anyway attributed to any product advertised, represented, distributed or sold as "formerly Metalast."
David M. Semas (775) 790-8324
627 2021-02-23 (Court) Findings of Fact and Con of Law.pdf
629 2021-02-23 (Court) Judgment.pdf
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Original Source: U.S. District Court Issues Final Ruling in Favor of Metalast® Trademark Founder David M. Semas and Rules Against Chemeon