On September 12, 2001, in United States District Court for the District of Minnesota, John R. Tunheim, United States Magistrate Judge, entered the following Motion for Default Judgement (Civil Action No.: 01-CV-489 JRT/RLE):

The Defendant, Phillips Lens Company, Inc., having failed to plead or otherwise defend in the Action and its default having been entered,

Now, upon application of the Plaintiffs and upon declaration this Court finds that Defendant is indebted to Plaintiff in the sum of $ 121,750.00.

It is HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff recover of Defendant the sum of $121,750.00.

Further, based upon declarations submitted by in support of this cause, and it appearing to the Court that Defendant is committing acts, and will continue to do so unless restrained by Order of this Court, which acts will cause immediate and irreparable injury, loss, or damage to Plaintiffs, Plaintiffs are:

A. Phillips Lens, its agents, servants, employees, and all of those in active concert or participation therewith are permently enjoined and restrained from further use of Plaintiffs' tradmarks, and any other conduct involving Plaintiffs' trademarks when such use causes a likelihood of confusion.

B. Phillips Lens, its agents, servants, employees, and all of those in active concert or participation therewith are permanently enjoined and restrained from disparaging the goods or business of Plaintiff Aura Lens by false and misleading representations of fact.

C. Phillips Lens, its agents, servants, employees, and all of those in active concert or participation therewith are permanently enjoined and restrained from further defaming Plaintiff Michael Aurelius or Aura Lens Products, Inc.

D. Phillips Lens, its agents, servants, employees, and all of those in active concert of participation therewith are permantely enjoined and restrained from further disparaging the goods or business of Aura Lens by false and misleading representations of fact.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that defendant pay the costs of these proceedings to be taxed by the Clerk of this Court.

Dated: September 12, 2001. John R. Tunheim, U.S. District Court Judge

Follow up information:

On September 1, 2001, Phillips Lens ceased operations, and on September 15, 2001, sold all assets to Phillips Safety. Phillips Safety is located in the same location as Phillips Lens, owned by the same stock holders as Phillips Lens, and appears to be producing the same products as Phillips Lens.

In November of 2001, the above mentioned judgement was transferred from Federal Court to New Jersey State Court, case number DJ-339174-01.

Legal action is continuing to attempt to recover the debts owed by Phillips Lens to Aura Lens Products, Inc.

We found the following on the rec.crafts.glass newsgroup, contacted the author, and reprint here with his permission:

"...I think that Mike has every right to defend his intellectual property and and defend himself from these scurrilous attacks on his character and his company. Remember that this is his livelihood. How would you react if someone tried to take from you all the hard work that you had done over the course of 10+ years? Not to mention the good will built up over 27 years in business?

Why would any business of supposed good character outright steal trademarks and copyrighted information? To what purpose? The evidence presented in court, and the court action itself showed that it was for no other purpose than to try to drive down Mike's company, and to take business that he and his father worked very hard to build.

"Sticks and stones may break my bones, but names will never hurt me" is fine for name calling, but when it comes to lying about your competitor, stealing from him in order to make yourself look good, that's going too far. And that is what the court found. Not to mention the fact that it was a default judgement - that Phillips never even bothered to show up in court to defend himself. And what does THAT say about Phillips?"

-- posted on rec.crafts.glass, Wednesday April 10, 2002 4:54 PM.