The Mobil Oil Busines Has Always Had Trademark Issues

We first noticed a competitor in the Mobile Auto Detailing Business which has a name "Mobile Auto Services" another "Mobile Oil Change" and still another "Mobile Car Care". Mobil Oil Company was marketing their Gas Station Service Centers as"Mobil Auto-Services" "Mobile Car Care" and "Mobil Auto Care."

Mobile Oil even filed one case against a company in Mobile Alabama, which used the name Mobile in it's Auto Service Business. These cases are more often than you think. Many times infringers do it on purpose to get easier name recognition, while at other times it is just coincidence, either way as the World gets closer together you can bet the problem will become more prevalent and more serious.

If you don't think this is an issue, check out this case with Kellogg's "Tony the Tiger" and Mobil Oil Company's "Tiger Mart." I guess you have to ask yourself "Whoooose Great"

http://www.eura.com/steffen/jura/aktuelles/texte/tony_kellogs_vs_exxon_tiger.htm  

Whether or not you agree with the verdicts in these trademark infringement cases, the company with the greatest dollars often is victorious. Speaking of Victorious...Victor's Secrets, an adult store, has won a case where Victoria Secret, a 4 Billion Dollar a year marketer of lingerie, was not entitled to seek a cease and desist from the Proprietor of Victor's Secret, whose real name was Bob or something like that.

In the case of McDonalds, they sue just about everyone with anything even closely resembling their name and they have so much case law now that they usually win everything, you might beat them but it would cost you $190,000 + , as was the most recent case where it went to a very high court and McDonalds won anyway.

We have seen previously in California where Oil Max was taken by a San Diego company and the former Oil Max mobile oil change company changed their name to Oil Maxx, with two X's. Unfortunate, but true. In a Trademark case at the Federal Level this would not even be possible, first use has rights, and even a federal trademark must be defended otherwise you lose certain rights to it's use.

Now we see again Where Pitts Stop Mobile Oil Change is using a similar paint scheme to the Pitts Stop for this major C-Store Chain where some offices also have Oil Changing. If they are ever going to be in the same market one company will have to yield if both companies cannot agree, problem being that there is a good chance they will be direct competitors, in which case there could easily be a lawsuit. This picture was taken in Las Vegas and so far neither company is so big that it matters, but in franchising such as in Mobil Service Stations, Brand Name means a lot. So to will it in the future as one or more of these companies might make it to a point where there is a confusion. In a down economy there is also a potential for one or more companies to go out of business thus abandoning any use of such a mark therefore making such an example of this type very irrelevant.

We submit to you that Brand Name Identity in the Oil Business is just a important today as it was when Mobil Oil and McDonalds were building their brands. Perhaps in the future it may even be more so. Our founder has often seen others using his name and sought either injunction or stern warning. As a matter of fact he is preparing a lawsuit against the Federal trade Commission for using one of his Brand Names and Federal Trademark in their Key Words and MetaTags on the Federal Website, to attract visitors. A lawsuit which would have enough case law behind it to slam down the Federal Trade Commission with the help of the US Patent and Trademark Office.

When picking a name or a company in the Oil Industry you might want to be cognizant of this fact. Usually things can be worked out and only one company is required to change their name or trade dress or perhaps a royalty agreement or non-compete with regards to specific markets can be reached.

Check the case law with Mobil Oil Company before you negate the facts presented here in any topic of, which might arise in Business Law Class at your University or even in conversation at the local Starbucks. Be sure anyone you do business with has a back-up plan in case of Trademark Infringement.

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