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Legal Action Against Petrolon

Krell, Trigian & Power
Attorneys At Law
1608 Smith Street  34th Floor
Houston, Texas 77001

 Certified Mail # p818738318

Mr. Don Shriver
President
Petrolon, Inc. 
1187 Brittmoore
Houston
, Texas 77279-9019

   Certified Mail 3 p818738317

Mr. Don Shriver
President
Scientia Corporation 
1187 Brittmoore
Houston
, Texas
7729-9019

RE:  Defamation and use of false advertising in the marketing of Slick 50

Gentlemen:

            The law firm of Kreel, Torigian & Power has been retained by John Bishop, Ambassador Oil & Chemical and Golden Rule Corporation to represent them concerning the false advertising, defamation and fraud being conducted by your companies, distributors, dealers, and presumably unknowingly, by retail outlets established by your distributors through improper use of research materials, test results and consumer testimonials in your promotional, advertising materials, literature and films.

            This false advertising and defamation is occurring with the present products you are marketing under the trade names Slick-50, Tef-Cote 2, S-50 and possibly others.

            As you are aware, John Bishop invented several unique proprietary formulas (The Bishop Formulas) and began marketing his products in 1976 under the trade name, Lubri-Lon.  In 1978, he created Petrolon and sold some of his products under the trade names Slick-50, Tef-Cote2 and S-50 (Slick 50 trade Names) through Petrolon.  Petrolon International, Chemical Associates and Soccopar (Petrolon marketing Companies).  The aforementioned companies have never owned any interest in or had any proprietary rights to Mr. Bishop’s Formula or research data, test results or testimonials on the products containing his unique proprietary formulas.

            Mr. Bishop has continuously marketed his products since 1976 under the trade names LubriLon, Matrix, duration, z Bond, Camtron II, Bishop’s Original and others.

            It is a documented fact that Mr. Bishop ended his involvement and discontinued supplying any of his products to the Petrolon Companies in 1983 and since such time, The Petrolon Companies have exhausted their supply of Slick 50 products containing Bishop formulas.  The Petrolon Companies, distributors, and dealers now sell a completely different product under the Slick-50 Trade Names, but continue to use the research data, test and consumer testimonials acquired on the Bishop Formulas and products in Petrolon promotional and advertising materials.  This practice constitutes false advertising, is fraudulent and must cease immediately.

            The promotional and advertising practices of the Petrolon Companies and your distributors are an intentional attempt to deceive purchasers into believing they are buying the same products (The Bishop Formula) which produced the beneficial results claimed by the official test and testimonials.  All of the test results, testimonial and promotional information in question for Slick 50, Tef-Cote 2 and S-50 pre-date Mr. Bishop’s 1983 termination of his association with Petrolon.  

They include, but are not limited to, the following sources:

1.      Consumer’s Digest, Inc.;

2.      Automotive Services Council for Pennsylvania, Inc.;

3.      The Franklin Laboratory Research Institute, Inc.;

4.      The University of Utah Engineering experiment Station;

5.      Le Tourneau College of Texas;

6.      The Federal Aviation Administration;

7.      Wayne Moore Racing Information;

8.      Spectro – Metric, Inc.;

9.      Energy Independent Associates;

10.    Andrews University

11.    University of Nantes

12.    U. S. Department of Energy 

The Bishop's Formula and products are also being defamed by the Petrolon Companies and their distributors who are using LubriLon , Copyrighted Material on Slick-50 Brochures and printed materials such as but not limited to:

·        “Your engine needs more than oil.”

·        “Today’s engine needs more than oil.”

·        “Today’s engines are marvels of power and performance, but increasingly harder to lubricate.”

·        “Friction and heat have been long recognized as the major cause of engine trouble and decreased efficiency.”

·        “An exclusive metal treating formula designed to blend harmoniously with both petroleum and synthetic oils that are compatible with petroleum to provide supreme lubrication in all types of gasoline and diesel engines, old or new.”

·        “Helps reduce friction, heat and oil shearing by treating the metal not the oil.”

·        “Not an oil or oil additive…. But a unique metal treatment.” 

The continued use by the Petrolon Companies and their Distributors of the testimonials, sources and copyrighted material identified herein, not only defrauds the public but also defrauds, libels, and slanders The Bishop Formulas and products.  They are continually being defamed as consumers of the New Slick-50 products report inferior results, no results and all or engine damage.

            The Bishop Formula and products are also being defamed by the Petrolon companies and their distributors who have made and continue to make false representations such as:

·        “Slick-50 is the Original Formula”;

·        “The same company makes both Slick-50 and LubriLon”;

·        “Lubrilon does not work”;

·        “Z-Bond does not work”;

·        “Slick-50 has been in business longer than LubriLon”;

·        “Slick-50 (as previously made) is approved or accepted by the FAA”; 

Your use of the Bishop Formula results, sources, and testimonials to gain credibility and to promote your new formula sold as Slick-50 products also violates the Texas Deceptive trade Practices-Consumer Protection Act, (the “Act”), Texas Bus. & Comm. Code Ann., Section 17.45 et.seq. (Vernon 1978).

Specifically, you have violated the Act by committing false, misleading or deceptive Acts and enumerated in Section 17.45, including, but not limited to the following:

1.      Causing confusion or misunderstanding as to the source, sponsorship, approval. Or certification of goods or services;

2.      Causing confusion or misunderstanding as to the affiliation, connection, or association with, or certification by another;

3.      Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or qualities which they do not have or that a person has a sponsorship, approval, status, affiliation or connection which he does not;

4.      Representing that goods or services are of a particular standard, quality or grade or that goods are of a particular style or model, if they are of another;

5.      Disparaging the goods, services or business of another by false or misleading representation of facts;

6.      Advertising goods or services with the intent not to sell them as advertised.
Section 17.47 also authorizes the state consumer protection division to obtain a temporary restraining order and temporary and permanent injunctions to prevent your continued deceptive acts. 

In addition, your promotion and advertising practices violate Section 17.12 of the Texas Business & Commerce Code by your dissemination of statements you are aware materially misrepresent the character of your products for the purpose of selling or inducing persons to purchase said products.  Finally, your practices are also likely in violation of Section 43 (a) of the Lanham Act, 15 USC, Section 1125 (a) the unlawful practice and consumer protection laws of other states as well as the regulations established by the Federal Trade Commission and the United States Postal Service. 

Demand is hereby made that Petrolon, Inc., Scientia Corporation and all related companies and their respective officers, directors, agents, distributors, and representatives, cease and desist from using, preparing or referring to any test results, performance data, testimonials, media or print reviews, copyrighted materials, awards, sponsorships or endorsements of any source, including, but not limited to the Bishop Formula, test results and testimonials identified herein, which is based on evaluations,