|April 29, 2005|
KUCALA IN CONTEMPT OF COURT FOR SELLING DETAILING CLAY
On April 27, 2005, Chief Judge Charles P. Kocoras found John Kucala to be in contempt of court for violating the court’s injunction. The injunction, originally issued in the fall of 2004, ordered Kucala to stop advertising and selling detailing clay.
Recently, Kucala was caught selling detailing clay and telling his customers that he was allowed to sell his “Elasti-clay” when in fact he was not.
In the hearing, Judge Kocoras rejected all of John Kucala’s arguments about the scope of the injunction. For instance, Kucala argued that he did not violate the injunction because the injunction did not define “detailing clay.” When asked by the court, Kucala claimed he did not know what “detailing clay” was. Judge Kocoras found this argument to be “ridiculous” and told Kucala that he must immediately obey the injunction.
The Judge said that he would decide the penalties to be imposed upon Kucala at a hearing to be held on June 30, 2005. Judge Kocoras said that such penalties could include jail.
Kucala’s attorneys also asked the court to allow them to stop representing Kucala. The court granted this request. This is the second time that Kucala’s attorneys have quit. The first attorney quit after he found out that Kucala used “Evidence Eliminator” to delete all of Kucala’s computer files, which was a direct violation of the court’s orders.
Auto Wax President David Miller stated: “Our clay patents have been tested and confirmed by the courts. The federal court in this case has repeatedly rejected Kucala’s arguments. What Kucala has done is plainly wrong. We will vigorously pursue those persons who have violated our patent rights and the court’s order.”
In the United States,
Auto Wax Company, Inc. sells Clay Magic®, the original surface
preparation bar. Auto Wax owns seven patents relating to clay products
and provides private label clay to many of the detail industry’s leading
companies. If you would like copies of any court papers concerning the
issues in this press release, or if you have any questions, please call
David Miller at (214) 631-4000.