Trademark Issues in the Mobil Auto Business

There have always been trademark issues and lawsuits in the mobile auto service business. I know this because I own several such businesses. We first noticed a competitor in the Mobile Auto Detailing Business, which had a name "Mobile Auto Services" another "Mobile Oil Change" and still another "Mobile Car Care". Mobil Oil Company was marketing at the time their Gas Station Service Centers as "Mobil Auto-Services" "Mobil Car Care" and "Mobil Auto Care."

Mobile Oil even filed one case against a company in Mobile Alabama, which used the name Mobile in its Auto Service Business. These cases occur 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, but 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. One company he fixed sites are based in Las Vegas and the other is based in Riverside CA that is fairly close and so far neither company is so big that it matters. 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.

Before you go into an auto business or any business for that matter, check on the use of the names and pay attention, these issues are easy to fix before you start, but once you grow large the costs in loss of brand name recognition if you have to change the name could be in the millions, think about it. I know you will.

"Lance Winslow" - If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs

---

Speech on Branding from a Franchisor Founder

I was asked today by a group of students; What... Read More

Donald Trump On Branding - Brand Identity Guru

Love him or hate him, one thing is certain: Donald... Read More

The Aim of the Name

Large corporations spend lavish amounts seeking names for their products... Read More

Choosing the Right Color Palette

Color is a highly personal experience ? everyone has favorite... Read More

The Art of Successful Branding

Branding: it's a term that carries great weight in the... Read More

Hawaiian Heirloom Jewelry

Back to the era of the Hawaiian monarchy, the origin... Read More

Co-Branding in Automotive Service Businesses

In a world of co-branding, point of destination strategies and... Read More

Business Case Study Automotive Detailing Franchise Company

How do automotive detailing companies start? What makes them work... Read More

Branding Article: Pepsis Missed Brand Opportunity

I love Pepsi. It's that slightly sweeter taste and the... Read More

Logo Files: Versions Of Your Logo That You Should Own

Your logo is the most important graphic element in which... Read More

Brand Identity and the CEO

This week I spent a few hours with a highly... Read More

John Deere and NASCAR; Excellent Use of Brand

We should all recognize the marketing efforts of John Deere... Read More

My First Year In Cyber Space

My first year as a Cyberpreneur was a steeplearning-curve. I... Read More

Notable News - The Branding Myth

How many times have you heard of seen advertising for... Read More

Build Brand Value BIG Time

Ask your self this question, In which business are we... Read More

Logo Design Tips

Logos can be described as visual icons that provide a... Read More

The Importance of Branding - Can It Really Make a Difference?

As consumers, we don't really think about the importance of... Read More

Living Your Brand on the Web - Part 1

OK, so you took the plunge and purchased your internet... Read More

Shattering the Branding Myths

If you've been online long, you're sure to have seen... Read More

Brand Strategy - Brand Value - Brand Identity Guru

Developing brand strategy is extremely critical. The most important asset... Read More

Wealthiest 10% of Americans Name Top Quality Brands for 8 Products in New Survey

The seventh in a continuing series of twice-yearly surveys by... Read More

Brilliant Branding Builds Business

Branding is more than product recognition or a simple logo.... Read More

Branding - More Than Just a Statement - A Memory Scar

Conjure up in your mind broad rolling meadows with runs... Read More

Eye On The Pie: Branding From an Investors P.O.V.

When building a business as a brand it's important to... Read More

Counterfeit Branding - Representing True Globalisation!

From cigarettes to fashion accessories to food products to medicines,... Read More

Its Time For Some Steak

Recently, I was reviewing our website statistics. One of the... Read More

Brand Boring or Brand Buzz?

I heard an advertisement on the radio the other day... Read More

Brand Awareness - Brand Identity

About once a month a few of us at the... Read More

Brand Building 201: Finding The Ideal Way

The strongest and longest lasting brands branch off of an... Read More

Your Business Logo and Color Scheme

My business logo and color scheme started one lovely spring... Read More

Self-Marketing: The I Focus

Ever had one of those conversations where you wondered what... Read More

Great Brands Depend On Attention To The Brand Architecture

Do you have the architecture in place to make sure... Read More

Business Branding - How Character Affects Customers and Your Business Image

The public buys far more than just your products, services... Read More