When it comes to engine lubricants, Malaysian consumers are spoilt for choice. Most recently, however, has been the news that MaxxOil has been taken to court over trademark infringement accusations, as their product sounds similar to Maxcare Success' own Maxoil lubricants.
There has been a lot of hubbub surrounding the case, and many outlets were quick to report that the court had ordered MaxxOil to pay special damages, general, legal costs, and a five percent interest per annum among other reliefs. These reports are baseless, according to a statement MaxxOil, and is in fact the opposite of what transpired in court.
Many of these reports are based on rumours, but the court dismissed Maxcare Success' claims, as they failed to prove the existence of a trademark violation, as well as dismissing the claim that the registration and trademark is unlawful. MaxxOil's business has not been affected by the incident, and operation is as usual.
The board of directors of Shift Holdings Sdn Bhd, which owns the trademark for MaxxOil said, “We find the Media reports very misleading, as the Court did not mention any wrongful doings by the Defendant.”
Their statement to the press also said:
"The Court had in fact, partly delivered its decision that the Plaintiff failed to prove their claims for infringement of trademark and passing off against the Defendant.
"The Court also dismissed the Plaintiff's claim that the registration and trademark of the defendant is unlawful.
"The Plaintiff in this case failed to prove the existence of a violation of the trademark registration of the defendant, as the Court found it to be a valid prima facie.
"The reports stating that the Defendant is required to pay special damages, general, legal costs and five percent interest per annum and other reliefs required by the court are also baseless. We wish to inform that there is no issue at this stage on damages and cost."