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CASTROL, INC.
Castrol Syntec Synthetic Motor Oil
Hampel Stefanides/ New York, NY
• When the use of a term commonly used by a particular industry is challenged, NAD will look to industry practice, the opinion of experts, and the use of the term in the current marketplace and will not restrict use of that term to a narrower definition offered by any one party.
• A finding by NAD, in a previous case, that a product was superior to competitive products, is insufficient tosupport
a current claim that a new, completely different formulation of that product is also superior.
BASIS OF INQUIRY
Advertising by Castrol, Inc. (“Castrol”) for Castrol Syntec, a synthetic motor oil, including broadcast commercials, website advertising, package labeling and point-of-sale advertising brochures, was challenged by the Mobil Oil Corporation (“Mobil”), manufacturer of Mobil 1, a competitive synthetic motor oil. Television Commercials: A 1997 television commercial, entitled, Test 4E: Test on Race Track, depicts the oil being drained from a car and then replaced with only a capful of Castrol Syntec. The car is then shown running at 102 miles per hour for an extended period of time. As the announcer states: “Syntec has unique molecular structure that bonds to engine parts,” the words “CASTROL SYNTEC’S UNIQUE MOLECULAR STRUCTURE” appear over the entire screen. The announcer continues: “Castrol Syntec protects in ways other oils can’t.” Three 1998 television commercials were also challenged. In one of these commercials, entitled Aerial Dogfight, a fighter jet is depicted sighting and then accurately hitting a target with a missile. An announcer then states: “This kind of performance is now available in a motor oil. Castrol Syntec’s patented stabilizers seek out and neutralize harmful particles, protecting in ways that other oils can’t. Castrol Syntec. The active lubricant.” The last frames of the commercial picture a container of Syntec with the words “Castrol Syntec’s patented stabilizers seek out and neutralize harmful particles” superimposed in large letters over the entire screen. Another 1998 commercial, entitled Spiderman, equates Syntec with the comic book character and features Spiderman destroying the “Bad Guy, ” who appears as a stand-in for “a harmful particle in your engine.” After depicting Spiderman destroying the “Bad Guy,” the announcer states: “You see Syntec’s patented stabilizers seek out and neutralize harmful particles protecting in ways that other oils can’t. Castrol Syntec. The active lubricant.” The final frames of the commercial are the same as those in Aerial Dogfight. Similarly, in a third 1998 commercial, entitled Air Force, an announcer compares one fighter jet labeled “Syntec” to another jet labeled “harmful particle.” After turbine and electronic sounds are heard, and an explosion is seen and heard, the announcer states: “Get the point? You see Syntec’s patented stabilizers seek out and neutralize harmful particles protecting in ways that other oils can’t. Castrol Syntec. The active lubricant.” The final frames of the commercial are the same as those in Aerial Dogfight. Web Site: A page of Castrol’s web site states: “ynthetic lubricants are manufactured chemicals … created in the laboratory by combining molecules.” Labeling: A 1998 Syntec package label reads as follows: “UNIQUE MOLECULAR BONDING. Castrol Syntec FULL SYNTHETIC. PROTECTS IN WAYS OTHER OILS CAN’T. SAE 10W-30. FULL SYNTHETIC MOTOR OIL.” Brochures: A 1997 brochure, entitled Best Protection Available,” contains the following claims: “The synthetic base stock contains exclusive chemical esters that actually bond to engine surfaces, leaving a layer of protection far stronger than conventional and synthetic blend motor oils.” “The Best Protection Available. Together, the bonding and additive technology provide the best protection you can buy.” “Nothing protects better than Castrol SYNTEC FULL SYNTHETIC.” Another 1997 brochure entitled “Engine Wear. How Well Does Your Motor Oil Prevent It?” contains the following claims: “Unique molecular bonding. Castrol Syntec Full Synthetic.” “…synthetic oils can protect your engine in ways conventional oils never could.” “Castrol Syntec protects in ways other oils can’t.” “Castrol Syntec is a breakthrough in lubrication technology. Its full synthetic formula (FSX) and exclusive chemistry provide protection and performance that far surpass conventional oil.” “Castrol Syntec’s synthetic base stock contains an exclusive chemical ester that actually bonds to engine surfaces providing a layer of added protection. “Layer of protection far stronger than conventional oils.” A 1998 brochure, “The Best Protection Available,” states: “The unique active formula of Syntec is engineered with Patented Stabilizers that aggressively seek out and neutralize harmful corrosive particles suspending them away from engine parts.” “SYNTEC has exclusive base stocks that actually bond to engine surfaces leaving a layer of protection far stronger than conventional oils.” “When you use Syntec you are helping extend engine life by reducing wear and keeping your engine clean. Do not settle for second best! Use Castrol SYNTEC Full Synthetic Motor Oil.”
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