In addition to an injunction and other remedies, the API is asking for statutory damages of $1 million per counterfeit mark per type of goods sold.
Concern about Bullseye motor oil first surfaced in January 2011 when the Petroleum Quality Institute of America (PQIA) reported on a sample it purchased in Sturgis, MI. Based on extreme quality deficiencies, PQIA issued a CONSUMER ALERT on the brand stating that test results indicate the "product can cause damage to a passenger car engine." Subsequently, PQIA purchased another sample of Bullseye in Austintown, OH in July 2011 and a Consumer Alert was issued on that sample as well. Finally, as a follow-up, PQIA purchased a third sample in March 2012 in Phillipsburg, NJ which was also of very poor quality.
With that, PQIA decided enough was enough and issued a "DON'T BUY" on Bullseye motor oil.
While PQIA found serious issues about what's in the Bullseye bottles, the API alleges serious issues about what's on the Bullseye bottles.
In July, 2013, the American Petroleum Institute filed suit against Bullseye Automotive Products Inc., Bullseye Lubricants Inc., and Carlos Silva, Bullseye's president. The suit alleges trademark infringement, counterfeiting, trademark dilution, false advertising, and unfair competition.
The API's complaint alleges that the Defendants manufactured, distributed, transported and/or sold motor oil bearing imitations of API's certification marks and/or trademarks and have made false claims to consumers that their motor oil meets API's performance standards. It further claims that the Defendants have acted with full knowledge of and reckless disregard for API's rights and with the intention of deceiving the public.
So whether you are looking at what's in the bottle or on the bottle, PQIA says Bullseye is a DON'T BUY.