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FOR IMMEDIATE RELEASE Global Advanced Recycling Technology (“Gar-Tech”) and Managing Director Derek Reffell Default on Lawsuit Brought by Powermaster Corporation |
DENVER, CO, May 11, 2009 --/WORLD-WIRE/-- According to a representative of Powermaster Corporation, a Colorado corporation (Powermaster), UK-based Global Advanced Recycling Technology (Gar-Tech) and its managing director, Derek Reffell, have failed to respond to a lawsuit that Powermaster brought against them last year in the USA.
The lawsuit, filed in the Adams County District Court in Brighton, Colorado USA, includes claims for theft of trade secrets and intentional interference with business relations. The complaint alleges that Gar-Tech is illegally using copyrighted materials, drawings, depictions and other materials related to Powermaster’s patented technology for the ReCyclone Mill, a vertical gyroscopic mill which, according to records in the United States Patent and Trademark Office, was invented by Mr. Curtis L. Harris, Powermaster’s CEO. In several recent publications, Gar-Tech uses the Powermaster corporate name and also uses the trademark “ReCyclone,” claiming that Gar-Tech is an authorized manufacturer of the ReCyclone Mill. However, Powermaster's attorney in Colorado, Horace A. Lowe, of the Denver-based law firm of H.A. Associates LLC, flatly rejects that notion. According to Lowe, he enforces very strict guidelines in establishing Powermaster’s commercial contracts and alliances. And, he states, “as far as I am aware, Powermaster does not have, and has never had, any contractual relationship with Gar-Tech as an authorized manufacturer. Although I have personally requested that Mr. Reffell provide me with copies of any such contract that may have pre-dated my representation of Powermaster, none has been provided, so I have to assume that no such contract exists.” Lowe suspects that Lila York, who is quoted in some of the publications along with Mr. Reffell, may have convinced Mr. Reffell that she was president of Powermaster and may have signed some form of agreement with Gar-Tech. “If so, I have not seen it,” Mr. Lowe stated. Powermaster also has a lawsuit pending in San Antonio against York and her company, Powermaster Environmental Group (“PEG”), for essentially the same type of conduct that appears to be going on with Gar-Tech and the other defendants in the Colorado lawsuit. York has publicly claimed to own the patented technology, but “it simply is not so,” says Lowe. It may be that Gar-Tech is simply another victim of Ms. York’s acts, Lowe surmised. Nonetheless, he confirms that Powermaster is in the process of seeking a default judgment against both Reffell and Gar-Tech. Under Colorado law, the effect of failing to respond to a properly served summons and complaint is that the allegations in the complaint are deemed to be admitted and are taken as true. “That’s what we have to work with and that’s what we intend to do,” says Lowe. Lowe made clear that Powermaster has no choice but to proactively inform the worldwide marketplace that Powermaster is the owner of the ReCyclone patent and that it has not granted any manufacturing or other rights to either Gar-Tech or PEG. Lowe concluded, “Powermaster will not be responsible for any economic or other harm arising out of the purchase of products from or through Gar-Tech or PEG, and it is the company’s policy to aggressively protect its intellectual properties.” CONTACT: Horace A. Lowe, Esq. Telephone: 303-495-2040 E-mail: hlowe@halolaw.com |
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