Motor & Equipment Manufacturers Association

Publications - Brand Protection

Special Report: Product Patent Markings and Patent Trolls Recently, two significant court cases have cited Section 292 of the U.S. Patent Act, which pertains to false marking with the intent to deceive, and both of these cases highlight the need for all manufacturers to develop a patent protocol. To download a free copy of the Special Report, "Product Patent Markings and Patent Trolls," click here.

Special Report: Social Networking 101: Legal Obstacles Defined To Tweet or not to Tweet? How many followers do you have? Did you get friended by someone new today? What have you posted on your wall? Who's in your blogroll? These are the questions that marketing executives are now considering on a daily basis. Social networking has changed the playing field for today's executives and has changed the way that these executives exchange information, advertise, and provide their customers with service. In this Special Report, "Social Networking 101: Legal Obstacles Defined," legal risks and hurdles to social networking, such as loss of intellectual property rights, defamation or libel claims, endorsement or sponsorship issues, employment problems and privacy issues, are discussed. To download a PDF copy of the Special Report, click here.

Special Report: Intellectual Property: Protecting Valuable Assets in a Global Market, Third Edition The MEMA Brand Protection Council has updated its Special Report, “Intellectual Property: Protecting Valuable Assets in a Global Market.” The fourth edition of the report examines intellectual property rights, one of manufacturers’ most valuable assets. Intellectual property rights (IPR) violations can come in a variety of forms including counterfeiting, trademark infringement, gray market, diversion, country of origin or non-compliant parts. Updates in the fourth edition of the BPC Special Report include: Details about the PRO-IP Act of 2008 New global counterfeiting statistics from the International Chamber of Commerce Expansion of trade show activities Guidelines to protect intellectual property For more information about the MEMA Brand Protection Council (BPC), contact Jack Cameron at 919-406-8856 or jcameron@mema.org.

Intellectual Property Protection and Enforcement Manual This manual, “Intellectual Property Protection and Enforcement Manual: A Practical and Legal Guide for Protecting Your Intellectual Property Rights,” from the U.S. Chamber of Commerce, is intended to provide business owners with strategies for fighting the global problem of counterfeiting and piracy. Business owners should find this manual useful in gaining a better understanding of their intellectual property (IP) assets and to develop business practices and procedures that will help protect such assets from falling victim to counterfeiting and piracy. To download a PDF copy of “Intellectual Property Protection and Enforcement Manual,” click here.

Understanding the Flow of Counterfeit and Gray Market Goods though the U.S. Automotive and Commercial Vehicle Parts Marketplace The Brand Protection Council of MEMA has produced this Special Report to demonstrate how these counterfeit parts enter the U.S. motive vehicle parts market supply chain. This guide is designed for use by law enforcement agencies, government agencies involved with the entry of goods and products through the U.S. ports, and anyone with an interest in the U.S. motor vehicle parts marketplace. To download a PDF copy of the Special Report, click here.

Special Report: What Are Your Products Doing Online? This Special Report, "What Are Your Products Doing Online? A Guide to Internet Brand Violations for Parts Suppliers and Distributors," is from the MEMA Information Services Council and the MEMA Brand Protection Council. The Special Report addresses risks suppliers and distributors face from counterfeiting and intellectual property rights violations when marketing their products online. A free copy can be downloaded by clicking here. A print quality electronic file (PDF) is available by request from AASA, publications@mema.org.

Special Report: Recent Scams Prey Upon Your Corporate Goodwill Theft of your intellectual property may not be limited to counterfeit goods. A recent string of fraudulent e-mail and mail scams have revealed a new concern for business entities – corporate identity theft. This report, "Recent Scams Prey Upon Your Corporate Goodwill," details how companies can safeguard against fraud and describes what to do if your company is hit by corporate identity scammers.

Importing into the United States: A Guide for Commercial Importers This edition of Importing into the United States by the U.S. Customs and Border Patrol contains material pursuant to the Trade Act of 2002 and the Customs Modernization Act (Title VI of the North American Free Trade Agreement Implementation Act), commonly referred to as the Mod Act. The Customs Modernization Act (Title VI of the North American Free Trade Agreement Implementation Act [P.L. 103 182, 107 Stat. 2057]) became effective December 8, 1993. Its provisions have fundamentally altered the relationship between importers and CBP by shifting to the importer, the legal responsibility for declaring the value, classification, and rate of duty applicable to entered merchandise. Visit the CBP Web site (www.cbp.gov) for the latest information on specific laws, regulations or procedures that may affect your import transactions. To download the PDF of "Importing into the United States", click here.

Marking of Country of Origin on U.S. Imports: Acceptable Terminology and Methods for Marking This brochure produced by the U.S. Customs and Border Patrol is strictly about marking of country of origin on U.S. imports and is for general information purposes only. Reliance solely on this general information may not be considered reasonable care. Recognizing that many complicated factors may be involved in origin issues (raw materials are from one country while the product is assembled in another), an importer may wish to obtain a binding ruling from U.S. Customs and Border Protection. For more information please see determining the correct Country of Origin to use under the Customs Regulations, 19 CFR Part 177. Please be aware that in addition to this information, certain products are subject to additional labeling requirements. For example, clothing must have labels indicating fabric content and washing instructions. Other products with special labeling requirements include tobacco (the Surgeon General’s Warning Statement), food and pharmaceuticals, and automobiles. Visit the CBP Web site (www.cbp.gov) for the latest information on specific laws, regulations or procedures that may affect your import transactions.

Report to the President and Congress on Coordination of Intellectual Property Enforcement and Protection This is the sixth annual report on the activities of the National Intellectual Property Law Enforcement Coordination Council (NIPLECC). NIPLECC is charged with coordinating and overseeing the Federal Government’s intellectual property protection and enforcement efforts

Reseller Liability on Will-Fit, Private Label and Counterfeit Products Liability for counterfeiting, product safety issues and recalls could fall upon resellers in certain instances. This Special Report reviews the recent court decisions in this area and discusses instances where resellers have been found liable. AASA is committed to providing members and the motor vehicle parts supplier industry with the latest news and information regarding industry trends such as direct importing, counterfeiting and intellectual property rights violations. This Special Report is a continuation of the information provided in the October 2007 Special Report, “Direct Importing: Do the Risks Outweigh the Reward?”

Intellectual Property: Protecting Valuable Assets This Special Report discusses the problems associated with intellectual property rights violations and describes the Brand Protection Council's efforts to protect suppliers from the harmful effects of automotive parts counterfeiting.

Special Report: Protection of Part Numbers and Electronic Catalogs in the Automotive Industry This article examines various strategies that members of MEMA may employ to protect the words, symbols or numbers used to identify the source of the parts they manufacture and sell and electronic catalogs, including but not limited to lists of Part Numbers, vendors and suppliers.

2007 Government Affairs Issue Book MEMA’s Government Affairs Issue Book, developed by the Washington, D.C. office, outlines the association’s position on legislative, regulatory and international trade issues affecting the automotive supplier industry. It provides a brief description for each issue, as well as its current status, what action MEMA has taken on behalf of its members, what potential impacts it may have on industry and an anticipated forecast for the upcoming year.

Government Affairs 2006 Issue Book MEMA’s second annual Government Affairs Issue Book, developed by the Washington office, outlines the association’s position on legislative, regulatory and international trade issues affecting the automotive supplier industry. It provides a brief description for each issue, as well as its current status, what action MEMA has taken on behalf of its members, what potential impacts it may have on industry and an anticipated forecast for the upcoming year.

Stop Counterfeiting of Automotive and Truck Parts -- Español The popular “Stop Counterfeiting” brochure is now available in Spanish. This flyer can assist your Spanish-speaking customers in identifying counterfeit parts and it gives them an action plan for reporting suspected fake parts. The brochure can be downloaded here for free or ordered for use at tradeshows, industry gatherings, direct mailing, customer billings or any other opportunity where information can be spread concerning the serious issue of counterfeiting.

Stop Counterfeiting of Automotive and Truck Parts -- Français The popular “Stop Counterfeiting” brochure is now available in French. This flyer can assist your French-speaking customers in identifying counterfeit parts and it gives them an action plan for reporting suspected fake parts. The brochure can be downloaded here for free or ordered for use at tradeshows, industry gatherings, direct mailing, customer billings or any other opportunity where information can be spread concerning the serious issue of counterfeiting.

Stop Counterfeiting of Automotive and Truck Parts – UK Version The popular “Stop Counterfeiting” brochure is now available to assist your United Kingdom customers in identifying counterfeit parts and to give them an action plan for reporting suspected fake parts. The brochure can be downloaded here for free or ordered for use at tradeshows, industry gatherings, direct mailing, customer billings or any other opportunity where information can be spread concerning the serious issue of counterfeiting.

Step-by-Step Actions to Fight Counterfeiting Domestically and Internationally This free brochure from the MEMA Brand Protection Council lists step-by-step actions to fight counterfeiting domestically and internationally. It can be downloaded here at no charge. Orders of less than 25 copies also are free to members of MEMA and its market segment associations. For orders of more than 25, e-mail publications@mema.org.

Government Affairs 2005 Issue Book MEMA’s first Government Affairs Issue Book, developed by the Washington office, outlines the association’s position on legislative, regulatory and international trade issues affecting the automotive supplier industry. It provides a brief description for each issue, as well as its current status, what action MEMA has taken on behalf of its members, what potential impacts it may have on industry and an anticipated forecast for the upcoming year.

Stop Counterfeiting of Automotive and Truck Parts “Stop Counterfeiting” can assist your customers in identifying counterfeit parts and it gives them an action plan for reporting suspected fake parts. The brochure, now available to members, can be used at tradeshows, industry gatherings, direct mailing, customer billings or any other opportunity where information can be spread concerning the serious issue of counterfeiting.

Counterfeiting: Crime of the 21st Century Produced by Babcox Publications, this supplement is designed to educate the industry on the scope of the brand protection challenge and covers: The Size of the Problem Damages and Risks How to Spot Fakes What You Can Do

Automotive Aftermarket RFID White Paper Radio Frequency Identification (RFID) technology uses small tags to track the location and history of items that carry small tags. RFID is now being looked at by the automotive aftermarket in hopes that it will help the industry with issues like excess inventory, shrinkage and counterfeiting. RFID is different than bar codes in that “line-of-sight” is not required for readers to detect the information contained on small tags. RFID also offers the potential for greater amounts of information and allows for better tracking of products throughout a facility and a supply chain. This paper defines RFID, its benefits and challenges, and the current and potential future use of the technology in the aftermarket.

Complying with the Made in the USA Standard The Federal Trade Commission, charged with preventing deception and unfairness in the marketplace, has the authority to bring law enforcement actions against false or misleading claims that a product is of U.S. origin. In 1997, the Commission announced it would retain the “all or virtually all” made in the United States standard required for any product advertising itself as “Made in the USA.” This guide provides additional tips on compliance with the “all or virtually all” standard. It also offers general information about the U.S. Customs Service’s requirement that all products of foreign origin imported into the United States be marked with the name of the country of origin.

Strategies for the Protection of Part Numbers and Part Numbering Systems A special report outlining strategies to protect part numbers and part numbering systems following a recent court decision holding that part numbers cannot be copyrighted. Prepared by Marc L. Fleischaker, Elizabeth H. Cohen and Sana D. Coleman of Arent Fox, MEMA general counsel, the report provides a general overview of strategies that are available.