COTTMAN TRANSMISSION SYSTEMS, LLC v. GANO et al

Filing 16

MEMORANDUM AND/OR OPINION ORDER THAT DEFAULT JUDGMENT IS ENTERED IN COTTMAN'S FAVOR AND AGAINST THE DEFTS GANO AND 412 AUTOMOTIVE IN THE AMOUNT OF $14,637.43, JOINTLY AND SEVERALLY, PLUS INTEREST CALCULATED AT THE LEGAL RATE FROM 4/30/2012, TO THE DATE OF THIS ORDER, ETC. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 3/6/2013. 3/7/2013 ENTERED AND COPIES E-MAILED.(tomg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

COTTMAN TRANSMISSIONS SYSTEMS,
LLC
v.
MICHAEL GANO, ET AL.

:
:
: CIVIL ACTION
:
: NO. 12-cv-05223
:
:

ORDER
AND NOW, this 6th day of March, 2013, after a careful review of the testimony and
evidence Cottman Transmissions Systems, LLC (“Cottman”) presented at the January 28, 2013
hearing (to which there was no defense) for a permanent injunction and to assess damages, and
the exhibits submitted in support thereof, I find that defendants Michael Gano and 412
Automotive, L.P. (“412 Automotive”) (collectively, the “Defendants”) are in violation of the
Lanham Act, pursuant to 15 U.S.C. § 1125, and are in breach of contract and in violation of
unfair competition, both under Pennsylvania law. Therefore, it is hereby ORDERED that
Default Judgment is entered in Cottman’s favor and against the defendants Gano and 412
Automotive in the amount of $14, 637.43, jointly and severally, plus interest calculated at the
legal rate from April 30, 2012, to the date of this Order.
Having found that Cottman is entitled to reasonable attorney fees pursuant to 15 U.S.C.
§ 1117, Cottman shall submit to the court a statement of counsel fees expended in the
prosecution of this case within ten days of the date of this Order.
Defendants are hereby ENJOINED as follows:
A.

from using in any manner any signs, stationery, letterheads, invoices, forms,
printed matter or advertising, the proprietary marks “Cottman,” “Cottman
Transmissions,” or similar names or marks;

B.

from advertising or otherwise holding themselves out, directly or indirectly, as an

authorized franchisee of Cottman or as being in any way sponsored by or
connected or associated with Cottman;
C.

from doing anything to cause potential purchasers of automotive repair services to
believe that any services or repairs performed by Defendants or any business with
which they are associated originate with Cottman or are endorsed or sponsored by
Cottman;

D.

to deliver to Cottman all materials, including signs, software, stationery,
letterhead, forms, printed matter and advertising, which contain the proprietary
marks “Cottman,” “Cottman Transmission,” or similar names or marks; and

E.

from engaging in, directly or indirectly, the automotive repair business within ten
miles of 4518 State Route 136, Greensburg, PA, and three miles of any other
Cottman Transmission Center in the Greater Pittsburgh Area1 in existence as of
the date of this Order, for a period of two years from the date of this Order.

s/ William H. Yohn Jr.
William H. Yohn Jr., Judge

1

The Greater Pittsburgh Area consists of Allegheny, Armstrong, Beaver, Butler, Fayette,
Washington, and Westmoreland counties.