More automotive aftermarket suppliers are selling directly to consumers thanks to Amazon and other e-commerce platforms. With this newfound ability comes an increased risk of claims commonly brought by consumers and competitors. These claims provide legal recourse through a number of state and federal laws, including false advertising, false designation of origin, and deceptive trade practices, among others. What to Read More

Companies worldwide invest time, energy, and money into protecting their intellectual property from competitors and fraudsters. It becomes even more challenging to protect your hard work in countries and jurisdictions where copyrights and trademarks from the U.S. are not respected or enforced, but is there recourse? There are still steps you can take to avoid infringement overseas, some of which will simply take a Read More

Government regulations can make or break a product, which is why it’s important to treat packaging requirements as much a priority as the product itself. Not only can a beautiful package help sell your product in terms of marketing, but a properly labeled package can prevent future expensive litigation and the potential misuse of your product.  Packaging and Product Stewardship and Appropriate Labeling An important Read More

For generations, the U.S. has been a leader in quality automotive products. These days, individuals can order almost anything they need online and have it delivered to their door. Even if the quality of the product can’t be tested easily by consumers, the convenience outweighs the risks in the minds of many. In order to remain competitive within a global economy, every aftermarket manufacturer should aim to meet as Read More

The Magnuson-Moss Warranty Act (MMWA) regulates the use of warranty and disclaimer provisions by merchants who sell consumer products under warranty. It regulares how you present warranties to purchasers and applies to full and limited warranties on goods (but not repair services).  While there is no requirement for merchants to provide warranties, if a warranty is provided, it must comply with MMWA requirements, so Read More

When you discover that someone is infringing on your copyright, it is important to take action right away. While you may be upset and want to attempt to file a lawsuit immediately, that is typically not the best course of action. In many cases, the infringement of your copyright is actually unintentional or else done without any ill will. You can often get the offending party to stop either by asking them or sending Read More

As a business owner, you likely know the importance of having your brand, logo, product names, and other things properly trademarked. What many people don’t realize, however, is that not all trademarks are the same. There are different levels of trademarks, which are stronger or weaker when it comes to being challenged in court. The following are the different types of trademarks, starting with the weakest and going Read More

If you have implemented a minimum advertised price (MAP) on the products that you produce or sell, you need to make sure that you understand exactly what this means. One of the easiest ways to ensure you are using this marketing practice properly is to have outside general counsel that you can consult with when making decisions. In addition to helping you to understand and use MAPs, outside general counsel can Read More

When purchasing or acquiring a trademark from a third party, it is important to take into account the various factors that will affect the validity of the trademark. In order to ensure you’re purchasing a valid trademark, it is recommended to perform thorough due diligence before purchasing or obtaining a trademark to ensure that it is enforceable against competitors in the marketplace. The following is a list of Read More

A copyright notice is an important part of protecting your intellectual property. For automotive businesses, copyright can be used to protect intellectual property other than the patents you place on your products. Website assets that you created and custom designs that are published online can all be copyrighted, ensuring that your business remains the source of the information you’d like to distribute. The Read More