Fri, 08/01/2014 - 10:37
SEMA News—August 2014

LEGISLATIVE AND TECHNICAL AFFAIRS
By Ashley Ailsworth

Trademarks, Patents and Copyrights

What SEMA Members Need to Know
 

SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year. The full policy is available in the Exhibitor Services Manual section on www.SEMAShow.com. 
SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year.

  
If you have ever wondered what the difference is between a trademark and a trade secret, you are not alone. Most of the terms used to describe different types of intellectual property (IP) are commonly thrown around interchangeably. However, to protect the IP rights of your company, it is important to take a moment to review the basics of trademark, patent, copyright and trade secret law we have compiled below.

This overview is not intended as a legal “how to” manual but rather as an informational guide to help you plan today to protect and get the most out of your company’s IP. SEMA recommends securing the assistance of a qualified attorney to plan and protect your company’s IP rights.

Trademarks

A trademark identifies the source of a product or service. Trademarks come in many forms, including words, phrases and designs. Companies often seek trademark registrations to protect their names, logos and brand names. A company may also seek protection for its unique product packaging or design (called “trade dress”).

“First and continuous use” in commerce is the basis for establishing exclusive trademark rights in the United States. “Use” is accomplished by placing the mark on the product or packaging or by advertising and using it in connection with delivering a service. A trademark must have a level of distinctiveness, either immediately or developed over time, so that the public associates it with the source of a particular product or service. Trademarks can also be a means to establish legal rights prohibiting competitors from using confusingly similar unique features and identifiers.

Examples of Federally Registered Trademarks

Letters: CBS, NBC, IBM, SEMA
Words: Google, Microsoft, SEMA Show
Design:

Apple Logo

NBC

 

 

 

Words and Designs:

Starbucks Logo

Home

 

 

 

 

Phrases:

“Good to the Last Drop”
[Maxwell House]
“Don’t Leave Home Without It” [American Express]
“Just Do It” [Nike]

Trade Dress:

Mcdonalds logoCoke

  
   

Companies are not required to register their trademarks, but registration carries important benefits. A registration is evidence used to prove rights in court when there is a dispute.

A trademark may be registered and enforced at the state level, or it may be registered nationally with the U.S. Patent and Trademark Office (PTO). But remember, a registration with the PTO does not protect a trademark worldwide. For companies exporting products and services abroad, additional steps should be taken to obtain an international registration under the Madrid Protocol or registrations in individual foreign countries.

To put the public on notice of a trademark prior to federal registration, companies should place the ™ symbol next to the mark. Once the trademark is registered with the PTO, the ® symbol should be used to indicate a federally registered trademark.

Patents

A patent is an exclusive property right granted by the government to a person who invents a new, useful and non-obvious process, machine, device, design or composition of matter.

The holder of a U.S. patent may stop others from making, using, importing or selling the protected invention in the United States for a fixed period of time. Once issued, patents may be sold, assigned or otherwise transferred to people other than the inventor(s) of record.

There is no “worldwide” patent. Rights are enforceable only in countries in which a patent has been registered. A U.S. patent can prevent an infringing overseas product from being sold in the United States, but it generally will not prevent that product from being manufactured and sold in a foreign market.

The United States has adopted the “first-inventor-to-file” system, meaning inventors do not gain patents simply by inventing—an application must be filed with the PTO. Patent law exists to encourage inventors to publicly disclose their inventions in exchange for the exclusive right to profit from the invention. For this reason, many countries will not grant patent rights to an inventor once the invention has been publicly disclosed.

The U.S. gives inventors one year from public disclosure to file an application. U.S. law also provides for an informal and less-expensive first filing called a “provisional patent application.”

Provisional applications are not examined and are not enforceable. However, they allow the inventor to establish a filing date and stake a claim on the invention for up to one year while evaluating the marketplace and deciding whether it makes sense to pursue a utility patent.

Two types of patents are encountered in the automotive aftermarket: utility patents and design patents. Utility patents cover new and useful machines, devices, methods or improvements and generally expire 20 years after filing. Design patents protect the ornamental features or appearance of a product rather than the structure or function and generally expire 14 years after granting.

Patented products may be marked with the word “Patented” or the phrase “Reg. U.S. Pat. and TM Off.” and the patent number.

Marking enables a patentee to recover damages from the start of infringement instead of when a cease-and-desist letter is sent. If a patent application is being processed or a provisional application has been filed, the applicant may mark the product “patent pending” or “patent applied for,” although protection does not begin until a patent has been issued. False or improper use of these markings is prohibited and may subject the offender to a penalty.

Trade Secrets

  
Examples of U.S. Patents

Utility Patent:

An example of an engine manifold with modular runners utility patent. US Patent

 

 

 

 

 

 

 

US Patent

US Patent

 

 

 

 

Various design patents (clockwise from top right: Truck-Lite: LED Headlamp-Pat.Pend. Serial No. 29/473,987; Wheel Pros\KMC Wheels-US D509,783; and K&N Engineering: Air Filter-US D533,265.

Truck-Lite: LED Headlamp-

 

Truck-Lite: LED Headlamp-

 

 

Truck-Lite: LED Headlamp-



 

 

   
A trade secret is also a form of intellectual property. Trade secrets are any information that derives economic value from not being generally known and that is subject to reasonable efforts to maintain its secrecy. Once disclosed, the protection no longer exists. Trade secrets are not registered. They can be protected through confidentiality agreements and procedures to make sure their secrecy is not compromised.

Copyrights

A copyright protects the original “expression” of an idea that is fixed or recorded, such as on paper or electronically. Copyright does not protect facts or ideas, only the expression of an idea. Copyright covers both published and unpublished works—the protection is automatic “when the pen is lifted from the paper.” The public can be put on notice by placing the © symbol next to the work, along with the owner’s name and the year it was first produced.

Examples of business-related copyrights include websites, brochures, catalogs, photographs, software and parts numbering systems. Copyright can also protect ornamental product designs as sculptures or works of visual art.

Ownership of a copyright is different from ownership of any material object in which the work is recorded, and transfer of the object does not automatically transfer the copyright. The author is the copyright owner and holds the property rights and is able to sell or license those rights to another. Works prepared by employees within the scope of their employment and commissioned works are generally considered “works for hire” and the employer or commissioner is considered the copyright owner. Employment agreements and “work for hire” contracts should specifically address copyright ownership rights, releases and royalties to avoid disputes. The length of copyright protection varies based on when the work was created. For works created after 1977, copyright protection lasts for the life of the author plus 70 years after the author’s death. For works for hire, copyright protection lasts 95 years after the first publication or 120 years from the date of creation, whichever comes first.

Registration of a copyright is voluntary but required to enforce rights against infringers and potentially collect damages. In the United States, copyrights are registered with the Library of Congress. The United States has copyright agreements with most countries throughout the world, allowing participating countries to honor the copyrights of each other’s citizens.

Counterfeit or Knockoff?

A counterfeit is a mark that is identical or substantially indistinguishable from a registered mark. There is no precise legal definition for a knockoff. Legitimate knockoffs have features of popular products but are distinguishable from the products they resemble. They are not fake merchandise (counterfeit product). Sometimes the knockoffs are so close to a registered trademark or design that a court may need to render a decision as to whether IP rights have been violated.

Stopping Illegal Imports of Trademarks, Copyrights, Patents

Resources

U.S. Patent & Trademark Office: www.uspto.gov
Library of Congress (Copyright): www.copyright.gov
U.S. Customs and Border Protection: www.cbp.gov
SEMA: www.sema.org/ipr

  
   

IP holders can utilize a variety of tools to help enforce their rights within the United States, ranging from issuing cease-and-desist letters to obtaining court rulings. It is also possible to stop imports of infringing products from entering the United States.

For trademarks and copyrights that have been registered with the PTO and Library of Congress, IP holders should record those registrations with the U.S. Customs and Border Protection (CBP), a branch of the Department of Homeland Security. CBP will then assist in seizing merchandise that is counterfeit or confusingly similar to a recorded trademark/copyright. It will notify the IP owner about the right to pursue enforcement actions. Customs also has the right to pursue such actions on its own.

Patents are not recorded with CBP, since import infringement issues are generally under the jurisdiction of the U.S. International Trade Commission (ITC). IP holders file infringement cases with the ITC, which will issue an exclusion order if there is a proven violation. Customs will then enforce the exclusion order.

SEMA’s Intellectual Property Rights Enforcement Policy

SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year. The full policy is available in the Exhibitor Services Manual section on www.SEMAShow.com. No exhibitor may sell, advertise or display counterfeit or illegal knockoff products. SEMA reserves the right to prohibit a company from attending or exhibiting at a SEMA-sponsored show if the company sells, advertises or displays counterfeit or illegal knockoff products or any product that SEMA deems to be deceptively or illegally marketed. Violation by an exhibitor could result in a written warning, removal of items, booth closure, loss of Show seniority, rejection of an application to attend or exhibit at a SEMA-sponsored Show, rejection or revocation of membership status and/or exclusion from future SEMA-sponsored shows.

 

 

Fri, 08/01/2014 - 10:37
SEMA News—August 2014

LEGISLATIVE AND TECHNICAL AFFAIRS
By Ashley Ailsworth

Trademarks, Patents and Copyrights

What SEMA Members Need to Know
 

SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year. The full policy is available in the Exhibitor Services Manual section on www.SEMAShow.com. 
SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year.

  
If you have ever wondered what the difference is between a trademark and a trade secret, you are not alone. Most of the terms used to describe different types of intellectual property (IP) are commonly thrown around interchangeably. However, to protect the IP rights of your company, it is important to take a moment to review the basics of trademark, patent, copyright and trade secret law we have compiled below.

This overview is not intended as a legal “how to” manual but rather as an informational guide to help you plan today to protect and get the most out of your company’s IP. SEMA recommends securing the assistance of a qualified attorney to plan and protect your company’s IP rights.

Trademarks

A trademark identifies the source of a product or service. Trademarks come in many forms, including words, phrases and designs. Companies often seek trademark registrations to protect their names, logos and brand names. A company may also seek protection for its unique product packaging or design (called “trade dress”).

“First and continuous use” in commerce is the basis for establishing exclusive trademark rights in the United States. “Use” is accomplished by placing the mark on the product or packaging or by advertising and using it in connection with delivering a service. A trademark must have a level of distinctiveness, either immediately or developed over time, so that the public associates it with the source of a particular product or service. Trademarks can also be a means to establish legal rights prohibiting competitors from using confusingly similar unique features and identifiers.

Examples of Federally Registered Trademarks

Letters: CBS, NBC, IBM, SEMA
Words: Google, Microsoft, SEMA Show
Design:

Apple Logo

NBC

 

 

 

Words and Designs:

Starbucks Logo

Home

 

 

 

 

Phrases:

“Good to the Last Drop”
[Maxwell House]
“Don’t Leave Home Without It” [American Express]
“Just Do It” [Nike]

Trade Dress:

Mcdonalds logoCoke

  
   

Companies are not required to register their trademarks, but registration carries important benefits. A registration is evidence used to prove rights in court when there is a dispute.

A trademark may be registered and enforced at the state level, or it may be registered nationally with the U.S. Patent and Trademark Office (PTO). But remember, a registration with the PTO does not protect a trademark worldwide. For companies exporting products and services abroad, additional steps should be taken to obtain an international registration under the Madrid Protocol or registrations in individual foreign countries.

To put the public on notice of a trademark prior to federal registration, companies should place the ™ symbol next to the mark. Once the trademark is registered with the PTO, the ® symbol should be used to indicate a federally registered trademark.

Patents

A patent is an exclusive property right granted by the government to a person who invents a new, useful and non-obvious process, machine, device, design or composition of matter.

The holder of a U.S. patent may stop others from making, using, importing or selling the protected invention in the United States for a fixed period of time. Once issued, patents may be sold, assigned or otherwise transferred to people other than the inventor(s) of record.

There is no “worldwide” patent. Rights are enforceable only in countries in which a patent has been registered. A U.S. patent can prevent an infringing overseas product from being sold in the United States, but it generally will not prevent that product from being manufactured and sold in a foreign market.

The United States has adopted the “first-inventor-to-file” system, meaning inventors do not gain patents simply by inventing—an application must be filed with the PTO. Patent law exists to encourage inventors to publicly disclose their inventions in exchange for the exclusive right to profit from the invention. For this reason, many countries will not grant patent rights to an inventor once the invention has been publicly disclosed.

The U.S. gives inventors one year from public disclosure to file an application. U.S. law also provides for an informal and less-expensive first filing called a “provisional patent application.”

Provisional applications are not examined and are not enforceable. However, they allow the inventor to establish a filing date and stake a claim on the invention for up to one year while evaluating the marketplace and deciding whether it makes sense to pursue a utility patent.

Two types of patents are encountered in the automotive aftermarket: utility patents and design patents. Utility patents cover new and useful machines, devices, methods or improvements and generally expire 20 years after filing. Design patents protect the ornamental features or appearance of a product rather than the structure or function and generally expire 14 years after granting.

Patented products may be marked with the word “Patented” or the phrase “Reg. U.S. Pat. and TM Off.” and the patent number.

Marking enables a patentee to recover damages from the start of infringement instead of when a cease-and-desist letter is sent. If a patent application is being processed or a provisional application has been filed, the applicant may mark the product “patent pending” or “patent applied for,” although protection does not begin until a patent has been issued. False or improper use of these markings is prohibited and may subject the offender to a penalty.

Trade Secrets

  
Examples of U.S. Patents

Utility Patent:

An example of an engine manifold with modular runners utility patent. US Patent

 

 

 

 

 

 

 

US Patent

US Patent

 

 

 

 

Various design patents (clockwise from top right: Truck-Lite: LED Headlamp-Pat.Pend. Serial No. 29/473,987; Wheel Pros\KMC Wheels-US D509,783; and K&N Engineering: Air Filter-US D533,265.

Truck-Lite: LED Headlamp-

 

Truck-Lite: LED Headlamp-

 

 

Truck-Lite: LED Headlamp-



 

 

   
A trade secret is also a form of intellectual property. Trade secrets are any information that derives economic value from not being generally known and that is subject to reasonable efforts to maintain its secrecy. Once disclosed, the protection no longer exists. Trade secrets are not registered. They can be protected through confidentiality agreements and procedures to make sure their secrecy is not compromised.

Copyrights

A copyright protects the original “expression” of an idea that is fixed or recorded, such as on paper or electronically. Copyright does not protect facts or ideas, only the expression of an idea. Copyright covers both published and unpublished works—the protection is automatic “when the pen is lifted from the paper.” The public can be put on notice by placing the © symbol next to the work, along with the owner’s name and the year it was first produced.

Examples of business-related copyrights include websites, brochures, catalogs, photographs, software and parts numbering systems. Copyright can also protect ornamental product designs as sculptures or works of visual art.

Ownership of a copyright is different from ownership of any material object in which the work is recorded, and transfer of the object does not automatically transfer the copyright. The author is the copyright owner and holds the property rights and is able to sell or license those rights to another. Works prepared by employees within the scope of their employment and commissioned works are generally considered “works for hire” and the employer or commissioner is considered the copyright owner. Employment agreements and “work for hire” contracts should specifically address copyright ownership rights, releases and royalties to avoid disputes. The length of copyright protection varies based on when the work was created. For works created after 1977, copyright protection lasts for the life of the author plus 70 years after the author’s death. For works for hire, copyright protection lasts 95 years after the first publication or 120 years from the date of creation, whichever comes first.

Registration of a copyright is voluntary but required to enforce rights against infringers and potentially collect damages. In the United States, copyrights are registered with the Library of Congress. The United States has copyright agreements with most countries throughout the world, allowing participating countries to honor the copyrights of each other’s citizens.

Counterfeit or Knockoff?

A counterfeit is a mark that is identical or substantially indistinguishable from a registered mark. There is no precise legal definition for a knockoff. Legitimate knockoffs have features of popular products but are distinguishable from the products they resemble. They are not fake merchandise (counterfeit product). Sometimes the knockoffs are so close to a registered trademark or design that a court may need to render a decision as to whether IP rights have been violated.

Stopping Illegal Imports of Trademarks, Copyrights, Patents

Resources

U.S. Patent & Trademark Office: www.uspto.gov
Library of Congress (Copyright): www.copyright.gov
U.S. Customs and Border Protection: www.cbp.gov
SEMA: www.sema.org/ipr

  
   

IP holders can utilize a variety of tools to help enforce their rights within the United States, ranging from issuing cease-and-desist letters to obtaining court rulings. It is also possible to stop imports of infringing products from entering the United States.

For trademarks and copyrights that have been registered with the PTO and Library of Congress, IP holders should record those registrations with the U.S. Customs and Border Protection (CBP), a branch of the Department of Homeland Security. CBP will then assist in seizing merchandise that is counterfeit or confusingly similar to a recorded trademark/copyright. It will notify the IP owner about the right to pursue enforcement actions. Customs also has the right to pursue such actions on its own.

Patents are not recorded with CBP, since import infringement issues are generally under the jurisdiction of the U.S. International Trade Commission (ITC). IP holders file infringement cases with the ITC, which will issue an exclusion order if there is a proven violation. Customs will then enforce the exclusion order.

SEMA’s Intellectual Property Rights Enforcement Policy

SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year. The full policy is available in the Exhibitor Services Manual section on www.SEMAShow.com. No exhibitor may sell, advertise or display counterfeit or illegal knockoff products. SEMA reserves the right to prohibit a company from attending or exhibiting at a SEMA-sponsored show if the company sells, advertises or displays counterfeit or illegal knockoff products or any product that SEMA deems to be deceptively or illegally marketed. Violation by an exhibitor could result in a written warning, removal of items, booth closure, loss of Show seniority, rejection of an application to attend or exhibit at a SEMA-sponsored Show, rejection or revocation of membership status and/or exclusion from future SEMA-sponsored shows.

 

 

Fri, 08/01/2014 - 10:37
SEMA News—August 2014

LEGISLATIVE AND TECHNICAL AFFAIRS
By Ashley Ailsworth

Trademarks, Patents and Copyrights

What SEMA Members Need to Know
 

SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year. The full policy is available in the Exhibitor Services Manual section on www.SEMAShow.com. 
SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year.

  
If you have ever wondered what the difference is between a trademark and a trade secret, you are not alone. Most of the terms used to describe different types of intellectual property (IP) are commonly thrown around interchangeably. However, to protect the IP rights of your company, it is important to take a moment to review the basics of trademark, patent, copyright and trade secret law we have compiled below.

This overview is not intended as a legal “how to” manual but rather as an informational guide to help you plan today to protect and get the most out of your company’s IP. SEMA recommends securing the assistance of a qualified attorney to plan and protect your company’s IP rights.

Trademarks

A trademark identifies the source of a product or service. Trademarks come in many forms, including words, phrases and designs. Companies often seek trademark registrations to protect their names, logos and brand names. A company may also seek protection for its unique product packaging or design (called “trade dress”).

“First and continuous use” in commerce is the basis for establishing exclusive trademark rights in the United States. “Use” is accomplished by placing the mark on the product or packaging or by advertising and using it in connection with delivering a service. A trademark must have a level of distinctiveness, either immediately or developed over time, so that the public associates it with the source of a particular product or service. Trademarks can also be a means to establish legal rights prohibiting competitors from using confusingly similar unique features and identifiers.

Examples of Federally Registered Trademarks

Letters: CBS, NBC, IBM, SEMA
Words: Google, Microsoft, SEMA Show
Design:

Apple Logo

NBC

 

 

 

Words and Designs:

Starbucks Logo

Home

 

 

 

 

Phrases:

“Good to the Last Drop”
[Maxwell House]
“Don’t Leave Home Without It” [American Express]
“Just Do It” [Nike]

Trade Dress:

Mcdonalds logoCoke

  
   

Companies are not required to register their trademarks, but registration carries important benefits. A registration is evidence used to prove rights in court when there is a dispute.

A trademark may be registered and enforced at the state level, or it may be registered nationally with the U.S. Patent and Trademark Office (PTO). But remember, a registration with the PTO does not protect a trademark worldwide. For companies exporting products and services abroad, additional steps should be taken to obtain an international registration under the Madrid Protocol or registrations in individual foreign countries.

To put the public on notice of a trademark prior to federal registration, companies should place the ™ symbol next to the mark. Once the trademark is registered with the PTO, the ® symbol should be used to indicate a federally registered trademark.

Patents

A patent is an exclusive property right granted by the government to a person who invents a new, useful and non-obvious process, machine, device, design or composition of matter.

The holder of a U.S. patent may stop others from making, using, importing or selling the protected invention in the United States for a fixed period of time. Once issued, patents may be sold, assigned or otherwise transferred to people other than the inventor(s) of record.

There is no “worldwide” patent. Rights are enforceable only in countries in which a patent has been registered. A U.S. patent can prevent an infringing overseas product from being sold in the United States, but it generally will not prevent that product from being manufactured and sold in a foreign market.

The United States has adopted the “first-inventor-to-file” system, meaning inventors do not gain patents simply by inventing—an application must be filed with the PTO. Patent law exists to encourage inventors to publicly disclose their inventions in exchange for the exclusive right to profit from the invention. For this reason, many countries will not grant patent rights to an inventor once the invention has been publicly disclosed.

The U.S. gives inventors one year from public disclosure to file an application. U.S. law also provides for an informal and less-expensive first filing called a “provisional patent application.”

Provisional applications are not examined and are not enforceable. However, they allow the inventor to establish a filing date and stake a claim on the invention for up to one year while evaluating the marketplace and deciding whether it makes sense to pursue a utility patent.

Two types of patents are encountered in the automotive aftermarket: utility patents and design patents. Utility patents cover new and useful machines, devices, methods or improvements and generally expire 20 years after filing. Design patents protect the ornamental features or appearance of a product rather than the structure or function and generally expire 14 years after granting.

Patented products may be marked with the word “Patented” or the phrase “Reg. U.S. Pat. and TM Off.” and the patent number.

Marking enables a patentee to recover damages from the start of infringement instead of when a cease-and-desist letter is sent. If a patent application is being processed or a provisional application has been filed, the applicant may mark the product “patent pending” or “patent applied for,” although protection does not begin until a patent has been issued. False or improper use of these markings is prohibited and may subject the offender to a penalty.

Trade Secrets

  
Examples of U.S. Patents

Utility Patent:

An example of an engine manifold with modular runners utility patent. US Patent

 

 

 

 

 

 

 

US Patent

US Patent

 

 

 

 

Various design patents (clockwise from top right: Truck-Lite: LED Headlamp-Pat.Pend. Serial No. 29/473,987; Wheel Pros\KMC Wheels-US D509,783; and K&N Engineering: Air Filter-US D533,265.

Truck-Lite: LED Headlamp-

 

Truck-Lite: LED Headlamp-

 

 

Truck-Lite: LED Headlamp-



 

 

   
A trade secret is also a form of intellectual property. Trade secrets are any information that derives economic value from not being generally known and that is subject to reasonable efforts to maintain its secrecy. Once disclosed, the protection no longer exists. Trade secrets are not registered. They can be protected through confidentiality agreements and procedures to make sure their secrecy is not compromised.

Copyrights

A copyright protects the original “expression” of an idea that is fixed or recorded, such as on paper or electronically. Copyright does not protect facts or ideas, only the expression of an idea. Copyright covers both published and unpublished works—the protection is automatic “when the pen is lifted from the paper.” The public can be put on notice by placing the © symbol next to the work, along with the owner’s name and the year it was first produced.

Examples of business-related copyrights include websites, brochures, catalogs, photographs, software and parts numbering systems. Copyright can also protect ornamental product designs as sculptures or works of visual art.

Ownership of a copyright is different from ownership of any material object in which the work is recorded, and transfer of the object does not automatically transfer the copyright. The author is the copyright owner and holds the property rights and is able to sell or license those rights to another. Works prepared by employees within the scope of their employment and commissioned works are generally considered “works for hire” and the employer or commissioner is considered the copyright owner. Employment agreements and “work for hire” contracts should specifically address copyright ownership rights, releases and royalties to avoid disputes. The length of copyright protection varies based on when the work was created. For works created after 1977, copyright protection lasts for the life of the author plus 70 years after the author’s death. For works for hire, copyright protection lasts 95 years after the first publication or 120 years from the date of creation, whichever comes first.

Registration of a copyright is voluntary but required to enforce rights against infringers and potentially collect damages. In the United States, copyrights are registered with the Library of Congress. The United States has copyright agreements with most countries throughout the world, allowing participating countries to honor the copyrights of each other’s citizens.

Counterfeit or Knockoff?

A counterfeit is a mark that is identical or substantially indistinguishable from a registered mark. There is no precise legal definition for a knockoff. Legitimate knockoffs have features of popular products but are distinguishable from the products they resemble. They are not fake merchandise (counterfeit product). Sometimes the knockoffs are so close to a registered trademark or design that a court may need to render a decision as to whether IP rights have been violated.

Stopping Illegal Imports of Trademarks, Copyrights, Patents

Resources

U.S. Patent & Trademark Office: www.uspto.gov
Library of Congress (Copyright): www.copyright.gov
U.S. Customs and Border Protection: www.cbp.gov
SEMA: www.sema.org/ipr

  
   

IP holders can utilize a variety of tools to help enforce their rights within the United States, ranging from issuing cease-and-desist letters to obtaining court rulings. It is also possible to stop imports of infringing products from entering the United States.

For trademarks and copyrights that have been registered with the PTO and Library of Congress, IP holders should record those registrations with the U.S. Customs and Border Protection (CBP), a branch of the Department of Homeland Security. CBP will then assist in seizing merchandise that is counterfeit or confusingly similar to a recorded trademark/copyright. It will notify the IP owner about the right to pursue enforcement actions. Customs also has the right to pursue such actions on its own.

Patents are not recorded with CBP, since import infringement issues are generally under the jurisdiction of the U.S. International Trade Commission (ITC). IP holders file infringement cases with the ITC, which will issue an exclusion order if there is a proven violation. Customs will then enforce the exclusion order.

SEMA’s Intellectual Property Rights Enforcement Policy

SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year. The full policy is available in the Exhibitor Services Manual section on www.SEMAShow.com. No exhibitor may sell, advertise or display counterfeit or illegal knockoff products. SEMA reserves the right to prohibit a company from attending or exhibiting at a SEMA-sponsored show if the company sells, advertises or displays counterfeit or illegal knockoff products or any product that SEMA deems to be deceptively or illegally marketed. Violation by an exhibitor could result in a written warning, removal of items, booth closure, loss of Show seniority, rejection of an application to attend or exhibit at a SEMA-sponsored Show, rejection or revocation of membership status and/or exclusion from future SEMA-sponsored shows.

 

 

Fri, 08/01/2014 - 10:37
SEMA News—August 2014

LEGISLATIVE AND TECHNICAL AFFAIRS
By Ashley Ailsworth

Trademarks, Patents and Copyrights

What SEMA Members Need to Know
 

SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year. The full policy is available in the Exhibitor Services Manual section on www.SEMAShow.com. 
SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year.

  
If you have ever wondered what the difference is between a trademark and a trade secret, you are not alone. Most of the terms used to describe different types of intellectual property (IP) are commonly thrown around interchangeably. However, to protect the IP rights of your company, it is important to take a moment to review the basics of trademark, patent, copyright and trade secret law we have compiled below.

This overview is not intended as a legal “how to” manual but rather as an informational guide to help you plan today to protect and get the most out of your company’s IP. SEMA recommends securing the assistance of a qualified attorney to plan and protect your company’s IP rights.

Trademarks

A trademark identifies the source of a product or service. Trademarks come in many forms, including words, phrases and designs. Companies often seek trademark registrations to protect their names, logos and brand names. A company may also seek protection for its unique product packaging or design (called “trade dress”).

“First and continuous use” in commerce is the basis for establishing exclusive trademark rights in the United States. “Use” is accomplished by placing the mark on the product or packaging or by advertising and using it in connection with delivering a service. A trademark must have a level of distinctiveness, either immediately or developed over time, so that the public associates it with the source of a particular product or service. Trademarks can also be a means to establish legal rights prohibiting competitors from using confusingly similar unique features and identifiers.

Examples of Federally Registered Trademarks

Letters: CBS, NBC, IBM, SEMA
Words: Google, Microsoft, SEMA Show
Design:

Apple Logo

NBC

 

 

 

Words and Designs:

Starbucks Logo

Home

 

 

 

 

Phrases:

“Good to the Last Drop”
[Maxwell House]
“Don’t Leave Home Without It” [American Express]
“Just Do It” [Nike]

Trade Dress:

Mcdonalds logoCoke

  
   

Companies are not required to register their trademarks, but registration carries important benefits. A registration is evidence used to prove rights in court when there is a dispute.

A trademark may be registered and enforced at the state level, or it may be registered nationally with the U.S. Patent and Trademark Office (PTO). But remember, a registration with the PTO does not protect a trademark worldwide. For companies exporting products and services abroad, additional steps should be taken to obtain an international registration under the Madrid Protocol or registrations in individual foreign countries.

To put the public on notice of a trademark prior to federal registration, companies should place the ™ symbol next to the mark. Once the trademark is registered with the PTO, the ® symbol should be used to indicate a federally registered trademark.

Patents

A patent is an exclusive property right granted by the government to a person who invents a new, useful and non-obvious process, machine, device, design or composition of matter.

The holder of a U.S. patent may stop others from making, using, importing or selling the protected invention in the United States for a fixed period of time. Once issued, patents may be sold, assigned or otherwise transferred to people other than the inventor(s) of record.

There is no “worldwide” patent. Rights are enforceable only in countries in which a patent has been registered. A U.S. patent can prevent an infringing overseas product from being sold in the United States, but it generally will not prevent that product from being manufactured and sold in a foreign market.

The United States has adopted the “first-inventor-to-file” system, meaning inventors do not gain patents simply by inventing—an application must be filed with the PTO. Patent law exists to encourage inventors to publicly disclose their inventions in exchange for the exclusive right to profit from the invention. For this reason, many countries will not grant patent rights to an inventor once the invention has been publicly disclosed.

The U.S. gives inventors one year from public disclosure to file an application. U.S. law also provides for an informal and less-expensive first filing called a “provisional patent application.”

Provisional applications are not examined and are not enforceable. However, they allow the inventor to establish a filing date and stake a claim on the invention for up to one year while evaluating the marketplace and deciding whether it makes sense to pursue a utility patent.

Two types of patents are encountered in the automotive aftermarket: utility patents and design patents. Utility patents cover new and useful machines, devices, methods or improvements and generally expire 20 years after filing. Design patents protect the ornamental features or appearance of a product rather than the structure or function and generally expire 14 years after granting.

Patented products may be marked with the word “Patented” or the phrase “Reg. U.S. Pat. and TM Off.” and the patent number.

Marking enables a patentee to recover damages from the start of infringement instead of when a cease-and-desist letter is sent. If a patent application is being processed or a provisional application has been filed, the applicant may mark the product “patent pending” or “patent applied for,” although protection does not begin until a patent has been issued. False or improper use of these markings is prohibited and may subject the offender to a penalty.

Trade Secrets

  
Examples of U.S. Patents

Utility Patent:

An example of an engine manifold with modular runners utility patent. US Patent

 

 

 

 

 

 

 

US Patent

US Patent

 

 

 

 

Various design patents (clockwise from top right: Truck-Lite: LED Headlamp-Pat.Pend. Serial No. 29/473,987; Wheel Pros\KMC Wheels-US D509,783; and K&N Engineering: Air Filter-US D533,265.

Truck-Lite: LED Headlamp-

 

Truck-Lite: LED Headlamp-

 

 

Truck-Lite: LED Headlamp-



 

 

   
A trade secret is also a form of intellectual property. Trade secrets are any information that derives economic value from not being generally known and that is subject to reasonable efforts to maintain its secrecy. Once disclosed, the protection no longer exists. Trade secrets are not registered. They can be protected through confidentiality agreements and procedures to make sure their secrecy is not compromised.

Copyrights

A copyright protects the original “expression” of an idea that is fixed or recorded, such as on paper or electronically. Copyright does not protect facts or ideas, only the expression of an idea. Copyright covers both published and unpublished works—the protection is automatic “when the pen is lifted from the paper.” The public can be put on notice by placing the © symbol next to the work, along with the owner’s name and the year it was first produced.

Examples of business-related copyrights include websites, brochures, catalogs, photographs, software and parts numbering systems. Copyright can also protect ornamental product designs as sculptures or works of visual art.

Ownership of a copyright is different from ownership of any material object in which the work is recorded, and transfer of the object does not automatically transfer the copyright. The author is the copyright owner and holds the property rights and is able to sell or license those rights to another. Works prepared by employees within the scope of their employment and commissioned works are generally considered “works for hire” and the employer or commissioner is considered the copyright owner. Employment agreements and “work for hire” contracts should specifically address copyright ownership rights, releases and royalties to avoid disputes. The length of copyright protection varies based on when the work was created. For works created after 1977, copyright protection lasts for the life of the author plus 70 years after the author’s death. For works for hire, copyright protection lasts 95 years after the first publication or 120 years from the date of creation, whichever comes first.

Registration of a copyright is voluntary but required to enforce rights against infringers and potentially collect damages. In the United States, copyrights are registered with the Library of Congress. The United States has copyright agreements with most countries throughout the world, allowing participating countries to honor the copyrights of each other’s citizens.

Counterfeit or Knockoff?

A counterfeit is a mark that is identical or substantially indistinguishable from a registered mark. There is no precise legal definition for a knockoff. Legitimate knockoffs have features of popular products but are distinguishable from the products they resemble. They are not fake merchandise (counterfeit product). Sometimes the knockoffs are so close to a registered trademark or design that a court may need to render a decision as to whether IP rights have been violated.

Stopping Illegal Imports of Trademarks, Copyrights, Patents

Resources

U.S. Patent & Trademark Office: www.uspto.gov
Library of Congress (Copyright): www.copyright.gov
U.S. Customs and Border Protection: www.cbp.gov
SEMA: www.sema.org/ipr

  
   

IP holders can utilize a variety of tools to help enforce their rights within the United States, ranging from issuing cease-and-desist letters to obtaining court rulings. It is also possible to stop imports of infringing products from entering the United States.

For trademarks and copyrights that have been registered with the PTO and Library of Congress, IP holders should record those registrations with the U.S. Customs and Border Protection (CBP), a branch of the Department of Homeland Security. CBP will then assist in seizing merchandise that is counterfeit or confusingly similar to a recorded trademark/copyright. It will notify the IP owner about the right to pursue enforcement actions. Customs also has the right to pursue such actions on its own.

Patents are not recorded with CBP, since import infringement issues are generally under the jurisdiction of the U.S. International Trade Commission (ITC). IP holders file infringement cases with the ITC, which will issue an exclusion order if there is a proven violation. Customs will then enforce the exclusion order.

SEMA’s Intellectual Property Rights Enforcement Policy

SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year. The full policy is available in the Exhibitor Services Manual section on www.SEMAShow.com. No exhibitor may sell, advertise or display counterfeit or illegal knockoff products. SEMA reserves the right to prohibit a company from attending or exhibiting at a SEMA-sponsored show if the company sells, advertises or displays counterfeit or illegal knockoff products or any product that SEMA deems to be deceptively or illegally marketed. Violation by an exhibitor could result in a written warning, removal of items, booth closure, loss of Show seniority, rejection of an application to attend or exhibit at a SEMA-sponsored Show, rejection or revocation of membership status and/or exclusion from future SEMA-sponsored shows.

 

 

Fri, 08/01/2014 - 10:37
SEMA News—August 2014

LEGISLATIVE AND TECHNICAL AFFAIRS
By Ashley Ailsworth

Trademarks, Patents and Copyrights

What SEMA Members Need to Know
 

SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year. The full policy is available in the Exhibitor Services Manual section on www.SEMAShow.com. 
SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year.

  
If you have ever wondered what the difference is between a trademark and a trade secret, you are not alone. Most of the terms used to describe different types of intellectual property (IP) are commonly thrown around interchangeably. However, to protect the IP rights of your company, it is important to take a moment to review the basics of trademark, patent, copyright and trade secret law we have compiled below.

This overview is not intended as a legal “how to” manual but rather as an informational guide to help you plan today to protect and get the most out of your company’s IP. SEMA recommends securing the assistance of a qualified attorney to plan and protect your company’s IP rights.

Trademarks

A trademark identifies the source of a product or service. Trademarks come in many forms, including words, phrases and designs. Companies often seek trademark registrations to protect their names, logos and brand names. A company may also seek protection for its unique product packaging or design (called “trade dress”).

“First and continuous use” in commerce is the basis for establishing exclusive trademark rights in the United States. “Use” is accomplished by placing the mark on the product or packaging or by advertising and using it in connection with delivering a service. A trademark must have a level of distinctiveness, either immediately or developed over time, so that the public associates it with the source of a particular product or service. Trademarks can also be a means to establish legal rights prohibiting competitors from using confusingly similar unique features and identifiers.

Examples of Federally Registered Trademarks

Letters: CBS, NBC, IBM, SEMA
Words: Google, Microsoft, SEMA Show
Design:

Apple Logo

NBC

 

 

 

Words and Designs:

Starbucks Logo

Home

 

 

 

 

Phrases:

“Good to the Last Drop”
[Maxwell House]
“Don’t Leave Home Without It” [American Express]
“Just Do It” [Nike]

Trade Dress:

Mcdonalds logoCoke

  
   

Companies are not required to register their trademarks, but registration carries important benefits. A registration is evidence used to prove rights in court when there is a dispute.

A trademark may be registered and enforced at the state level, or it may be registered nationally with the U.S. Patent and Trademark Office (PTO). But remember, a registration with the PTO does not protect a trademark worldwide. For companies exporting products and services abroad, additional steps should be taken to obtain an international registration under the Madrid Protocol or registrations in individual foreign countries.

To put the public on notice of a trademark prior to federal registration, companies should place the ™ symbol next to the mark. Once the trademark is registered with the PTO, the ® symbol should be used to indicate a federally registered trademark.

Patents

A patent is an exclusive property right granted by the government to a person who invents a new, useful and non-obvious process, machine, device, design or composition of matter.

The holder of a U.S. patent may stop others from making, using, importing or selling the protected invention in the United States for a fixed period of time. Once issued, patents may be sold, assigned or otherwise transferred to people other than the inventor(s) of record.

There is no “worldwide” patent. Rights are enforceable only in countries in which a patent has been registered. A U.S. patent can prevent an infringing overseas product from being sold in the United States, but it generally will not prevent that product from being manufactured and sold in a foreign market.

The United States has adopted the “first-inventor-to-file” system, meaning inventors do not gain patents simply by inventing—an application must be filed with the PTO. Patent law exists to encourage inventors to publicly disclose their inventions in exchange for the exclusive right to profit from the invention. For this reason, many countries will not grant patent rights to an inventor once the invention has been publicly disclosed.

The U.S. gives inventors one year from public disclosure to file an application. U.S. law also provides for an informal and less-expensive first filing called a “provisional patent application.”

Provisional applications are not examined and are not enforceable. However, they allow the inventor to establish a filing date and stake a claim on the invention for up to one year while evaluating the marketplace and deciding whether it makes sense to pursue a utility patent.

Two types of patents are encountered in the automotive aftermarket: utility patents and design patents. Utility patents cover new and useful machines, devices, methods or improvements and generally expire 20 years after filing. Design patents protect the ornamental features or appearance of a product rather than the structure or function and generally expire 14 years after granting.

Patented products may be marked with the word “Patented” or the phrase “Reg. U.S. Pat. and TM Off.” and the patent number.

Marking enables a patentee to recover damages from the start of infringement instead of when a cease-and-desist letter is sent. If a patent application is being processed or a provisional application has been filed, the applicant may mark the product “patent pending” or “patent applied for,” although protection does not begin until a patent has been issued. False or improper use of these markings is prohibited and may subject the offender to a penalty.

Trade Secrets

  
Examples of U.S. Patents

Utility Patent:

An example of an engine manifold with modular runners utility patent. US Patent

 

 

 

 

 

 

 

US Patent

US Patent

 

 

 

 

Various design patents (clockwise from top right: Truck-Lite: LED Headlamp-Pat.Pend. Serial No. 29/473,987; Wheel Pros\KMC Wheels-US D509,783; and K&N Engineering: Air Filter-US D533,265.

Truck-Lite: LED Headlamp-

 

Truck-Lite: LED Headlamp-

 

 

Truck-Lite: LED Headlamp-



 

 

   
A trade secret is also a form of intellectual property. Trade secrets are any information that derives economic value from not being generally known and that is subject to reasonable efforts to maintain its secrecy. Once disclosed, the protection no longer exists. Trade secrets are not registered. They can be protected through confidentiality agreements and procedures to make sure their secrecy is not compromised.

Copyrights

A copyright protects the original “expression” of an idea that is fixed or recorded, such as on paper or electronically. Copyright does not protect facts or ideas, only the expression of an idea. Copyright covers both published and unpublished works—the protection is automatic “when the pen is lifted from the paper.” The public can be put on notice by placing the © symbol next to the work, along with the owner’s name and the year it was first produced.

Examples of business-related copyrights include websites, brochures, catalogs, photographs, software and parts numbering systems. Copyright can also protect ornamental product designs as sculptures or works of visual art.

Ownership of a copyright is different from ownership of any material object in which the work is recorded, and transfer of the object does not automatically transfer the copyright. The author is the copyright owner and holds the property rights and is able to sell or license those rights to another. Works prepared by employees within the scope of their employment and commissioned works are generally considered “works for hire” and the employer or commissioner is considered the copyright owner. Employment agreements and “work for hire” contracts should specifically address copyright ownership rights, releases and royalties to avoid disputes. The length of copyright protection varies based on when the work was created. For works created after 1977, copyright protection lasts for the life of the author plus 70 years after the author’s death. For works for hire, copyright protection lasts 95 years after the first publication or 120 years from the date of creation, whichever comes first.

Registration of a copyright is voluntary but required to enforce rights against infringers and potentially collect damages. In the United States, copyrights are registered with the Library of Congress. The United States has copyright agreements with most countries throughout the world, allowing participating countries to honor the copyrights of each other’s citizens.

Counterfeit or Knockoff?

A counterfeit is a mark that is identical or substantially indistinguishable from a registered mark. There is no precise legal definition for a knockoff. Legitimate knockoffs have features of popular products but are distinguishable from the products they resemble. They are not fake merchandise (counterfeit product). Sometimes the knockoffs are so close to a registered trademark or design that a court may need to render a decision as to whether IP rights have been violated.

Stopping Illegal Imports of Trademarks, Copyrights, Patents

Resources

U.S. Patent & Trademark Office: www.uspto.gov
Library of Congress (Copyright): www.copyright.gov
U.S. Customs and Border Protection: www.cbp.gov
SEMA: www.sema.org/ipr

  
   

IP holders can utilize a variety of tools to help enforce their rights within the United States, ranging from issuing cease-and-desist letters to obtaining court rulings. It is also possible to stop imports of infringing products from entering the United States.

For trademarks and copyrights that have been registered with the PTO and Library of Congress, IP holders should record those registrations with the U.S. Customs and Border Protection (CBP), a branch of the Department of Homeland Security. CBP will then assist in seizing merchandise that is counterfeit or confusingly similar to a recorded trademark/copyright. It will notify the IP owner about the right to pursue enforcement actions. Customs also has the right to pursue such actions on its own.

Patents are not recorded with CBP, since import infringement issues are generally under the jurisdiction of the U.S. International Trade Commission (ITC). IP holders file infringement cases with the ITC, which will issue an exclusion order if there is a proven violation. Customs will then enforce the exclusion order.

SEMA’s Intellectual Property Rights Enforcement Policy

SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year. The full policy is available in the Exhibitor Services Manual section on www.SEMAShow.com. No exhibitor may sell, advertise or display counterfeit or illegal knockoff products. SEMA reserves the right to prohibit a company from attending or exhibiting at a SEMA-sponsored show if the company sells, advertises or displays counterfeit or illegal knockoff products or any product that SEMA deems to be deceptively or illegally marketed. Violation by an exhibitor could result in a written warning, removal of items, booth closure, loss of Show seniority, rejection of an application to attend or exhibit at a SEMA-sponsored Show, rejection or revocation of membership status and/or exclusion from future SEMA-sponsored shows.

 

 

Fri, 08/01/2014 - 10:37
SEMA News—August 2014

LEGISLATIVE AND TECHNICAL AFFAIRS
By Ashley Ailsworth

Trademarks, Patents and Copyrights

What SEMA Members Need to Know
 

SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year. The full policy is available in the Exhibitor Services Manual section on www.SEMAShow.com. 
SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year.

  
If you have ever wondered what the difference is between a trademark and a trade secret, you are not alone. Most of the terms used to describe different types of intellectual property (IP) are commonly thrown around interchangeably. However, to protect the IP rights of your company, it is important to take a moment to review the basics of trademark, patent, copyright and trade secret law we have compiled below.

This overview is not intended as a legal “how to” manual but rather as an informational guide to help you plan today to protect and get the most out of your company’s IP. SEMA recommends securing the assistance of a qualified attorney to plan and protect your company’s IP rights.

Trademarks

A trademark identifies the source of a product or service. Trademarks come in many forms, including words, phrases and designs. Companies often seek trademark registrations to protect their names, logos and brand names. A company may also seek protection for its unique product packaging or design (called “trade dress”).

“First and continuous use” in commerce is the basis for establishing exclusive trademark rights in the United States. “Use” is accomplished by placing the mark on the product or packaging or by advertising and using it in connection with delivering a service. A trademark must have a level of distinctiveness, either immediately or developed over time, so that the public associates it with the source of a particular product or service. Trademarks can also be a means to establish legal rights prohibiting competitors from using confusingly similar unique features and identifiers.

Examples of Federally Registered Trademarks

Letters: CBS, NBC, IBM, SEMA
Words: Google, Microsoft, SEMA Show
Design:

Apple Logo

NBC

 

 

 

Words and Designs:

Starbucks Logo

Home

 

 

 

 

Phrases:

“Good to the Last Drop”
[Maxwell House]
“Don’t Leave Home Without It” [American Express]
“Just Do It” [Nike]

Trade Dress:

Mcdonalds logoCoke

  
   

Companies are not required to register their trademarks, but registration carries important benefits. A registration is evidence used to prove rights in court when there is a dispute.

A trademark may be registered and enforced at the state level, or it may be registered nationally with the U.S. Patent and Trademark Office (PTO). But remember, a registration with the PTO does not protect a trademark worldwide. For companies exporting products and services abroad, additional steps should be taken to obtain an international registration under the Madrid Protocol or registrations in individual foreign countries.

To put the public on notice of a trademark prior to federal registration, companies should place the ™ symbol next to the mark. Once the trademark is registered with the PTO, the ® symbol should be used to indicate a federally registered trademark.

Patents

A patent is an exclusive property right granted by the government to a person who invents a new, useful and non-obvious process, machine, device, design or composition of matter.

The holder of a U.S. patent may stop others from making, using, importing or selling the protected invention in the United States for a fixed period of time. Once issued, patents may be sold, assigned or otherwise transferred to people other than the inventor(s) of record.

There is no “worldwide” patent. Rights are enforceable only in countries in which a patent has been registered. A U.S. patent can prevent an infringing overseas product from being sold in the United States, but it generally will not prevent that product from being manufactured and sold in a foreign market.

The United States has adopted the “first-inventor-to-file” system, meaning inventors do not gain patents simply by inventing—an application must be filed with the PTO. Patent law exists to encourage inventors to publicly disclose their inventions in exchange for the exclusive right to profit from the invention. For this reason, many countries will not grant patent rights to an inventor once the invention has been publicly disclosed.

The U.S. gives inventors one year from public disclosure to file an application. U.S. law also provides for an informal and less-expensive first filing called a “provisional patent application.”

Provisional applications are not examined and are not enforceable. However, they allow the inventor to establish a filing date and stake a claim on the invention for up to one year while evaluating the marketplace and deciding whether it makes sense to pursue a utility patent.

Two types of patents are encountered in the automotive aftermarket: utility patents and design patents. Utility patents cover new and useful machines, devices, methods or improvements and generally expire 20 years after filing. Design patents protect the ornamental features or appearance of a product rather than the structure or function and generally expire 14 years after granting.

Patented products may be marked with the word “Patented” or the phrase “Reg. U.S. Pat. and TM Off.” and the patent number.

Marking enables a patentee to recover damages from the start of infringement instead of when a cease-and-desist letter is sent. If a patent application is being processed or a provisional application has been filed, the applicant may mark the product “patent pending” or “patent applied for,” although protection does not begin until a patent has been issued. False or improper use of these markings is prohibited and may subject the offender to a penalty.

Trade Secrets

  
Examples of U.S. Patents

Utility Patent:

An example of an engine manifold with modular runners utility patent. US Patent

 

 

 

 

 

 

 

US Patent

US Patent

 

 

 

 

Various design patents (clockwise from top right: Truck-Lite: LED Headlamp-Pat.Pend. Serial No. 29/473,987; Wheel Pros\KMC Wheels-US D509,783; and K&N Engineering: Air Filter-US D533,265.

Truck-Lite: LED Headlamp-

 

Truck-Lite: LED Headlamp-

 

 

Truck-Lite: LED Headlamp-



 

 

   
A trade secret is also a form of intellectual property. Trade secrets are any information that derives economic value from not being generally known and that is subject to reasonable efforts to maintain its secrecy. Once disclosed, the protection no longer exists. Trade secrets are not registered. They can be protected through confidentiality agreements and procedures to make sure their secrecy is not compromised.

Copyrights

A copyright protects the original “expression” of an idea that is fixed or recorded, such as on paper or electronically. Copyright does not protect facts or ideas, only the expression of an idea. Copyright covers both published and unpublished works—the protection is automatic “when the pen is lifted from the paper.” The public can be put on notice by placing the © symbol next to the work, along with the owner’s name and the year it was first produced.

Examples of business-related copyrights include websites, brochures, catalogs, photographs, software and parts numbering systems. Copyright can also protect ornamental product designs as sculptures or works of visual art.

Ownership of a copyright is different from ownership of any material object in which the work is recorded, and transfer of the object does not automatically transfer the copyright. The author is the copyright owner and holds the property rights and is able to sell or license those rights to another. Works prepared by employees within the scope of their employment and commissioned works are generally considered “works for hire” and the employer or commissioner is considered the copyright owner. Employment agreements and “work for hire” contracts should specifically address copyright ownership rights, releases and royalties to avoid disputes. The length of copyright protection varies based on when the work was created. For works created after 1977, copyright protection lasts for the life of the author plus 70 years after the author’s death. For works for hire, copyright protection lasts 95 years after the first publication or 120 years from the date of creation, whichever comes first.

Registration of a copyright is voluntary but required to enforce rights against infringers and potentially collect damages. In the United States, copyrights are registered with the Library of Congress. The United States has copyright agreements with most countries throughout the world, allowing participating countries to honor the copyrights of each other’s citizens.

Counterfeit or Knockoff?

A counterfeit is a mark that is identical or substantially indistinguishable from a registered mark. There is no precise legal definition for a knockoff. Legitimate knockoffs have features of popular products but are distinguishable from the products they resemble. They are not fake merchandise (counterfeit product). Sometimes the knockoffs are so close to a registered trademark or design that a court may need to render a decision as to whether IP rights have been violated.

Stopping Illegal Imports of Trademarks, Copyrights, Patents

Resources

U.S. Patent & Trademark Office: www.uspto.gov
Library of Congress (Copyright): www.copyright.gov
U.S. Customs and Border Protection: www.cbp.gov
SEMA: www.sema.org/ipr

  
   

IP holders can utilize a variety of tools to help enforce their rights within the United States, ranging from issuing cease-and-desist letters to obtaining court rulings. It is also possible to stop imports of infringing products from entering the United States.

For trademarks and copyrights that have been registered with the PTO and Library of Congress, IP holders should record those registrations with the U.S. Customs and Border Protection (CBP), a branch of the Department of Homeland Security. CBP will then assist in seizing merchandise that is counterfeit or confusingly similar to a recorded trademark/copyright. It will notify the IP owner about the right to pursue enforcement actions. Customs also has the right to pursue such actions on its own.

Patents are not recorded with CBP, since import infringement issues are generally under the jurisdiction of the U.S. International Trade Commission (ITC). IP holders file infringement cases with the ITC, which will issue an exclusion order if there is a proven violation. Customs will then enforce the exclusion order.

SEMA’s Intellectual Property Rights Enforcement Policy

SEMA has recently updated its comprehensive Intellectual Property Rights Policy, which is now enforceable at the SEMA Show and throughout the year. The full policy is available in the Exhibitor Services Manual section on www.SEMAShow.com. No exhibitor may sell, advertise or display counterfeit or illegal knockoff products. SEMA reserves the right to prohibit a company from attending or exhibiting at a SEMA-sponsored show if the company sells, advertises or displays counterfeit or illegal knockoff products or any product that SEMA deems to be deceptively or illegally marketed. Violation by an exhibitor could result in a written warning, removal of items, booth closure, loss of Show seniority, rejection of an application to attend or exhibit at a SEMA-sponsored Show, rejection or revocation of membership status and/or exclusion from future SEMA-sponsored shows.

 

 

Fri, 08/01/2014 - 09:53
SEMA News—August 2014

INDUSTRY NEWS

Fast Facts

Beth Velarde, longtime western regional sales manager for Covercraft Industries Inc., was named the company’s new national sales director. Beth Velarde, longtime western regional sales manager for Covercraft Industries Inc., was named the company’s new national sales director. Velarde will continue in her current role and also oversee product sales in North America across all product categories except OE products. As a 32-year veteran of the automotive industry and a 14-year Covercraft team member, Velarde brings an exceptional record of success in both sales and customer service to her new position. Velarde will continue to work from her current office location in Southern California. Covercraft, Pauls Valley, OK; 405-238-9651.

ReadyLift Suspension Inc. announced that Landon List has joined the company’s sales team to further strengthen and grow the sales efforts for the company’s street and off-road products. List had previously spent more than two years with Transamerican Wholesale/4 Wheel Parts. Prior to that, he spent more than two years with Viair. While at Transamerican/4 Wheel Parts, Landon was responsible for merchandising suspension lines and was a key manager in building relationships with vendors. ReadyLift, Henderson, NV; 877-759-9991.

Road America has announced a new sponsorship agreement with RaceQuip, making the safety-equipment manufacturer its new safety partner. RaceQuip’s safety apparel and gear will be available for purchase at Road America’s Paddock Shop, and RaceQuip will also have an on-site presence at Road America events through venue signage and product displays. RaceQuip, Riverview, FL; 813-642-6644.

The Powder Metallurgy Design Excellence Awards competition—sponsored by the Metal Powder Industries Federation since 1965—awarded top honors in the automotive category to Stanadyne and its supplier partner, Indo-MIM. The companies were recognized for a high-pressure gasoline fuel-injection pump designed to help next-generation vehicles reach fuel-economy standards outlined by Congress. Stanadyne expects to sell approximately one million units for U.S. automobiles in 2014. Stanadyne, Windsor, CT; 860-525-0821.

Truck Accessories Group (TAG) has added Jim Blayne to its staff as director of fleet sales for the company’s commercial division. Truck Accessories Group (TAG) has added Jim Blayne to its staff as director of fleet sales for the company’s commercial division. Blayne will help TAG’s customers meet their exacting budget and transportation needs. Blayne joins TAG with more than 22 years of industry experience, including senior management positions at A.R.E. Accessories in Ohio. He will establish the commercial division’s overall strategy and oversee all aspects of its sales efforts. Truck Accessories Group, Elkhart, IN; 574-522-5337.

Meyer Distributing Inc. has announced the addition of locations in Valdosta, Georgia, and Oklahoma City. The cross docks will have a direct feed from Meyer’s Jasper, Indiana, and Dallas distribution hubs. “The Valdosta cross dock will greatly enhance service to one of the few areas that didn’t have next-day delivery from our Jasper core,” said Jeff Braun, CFO of Meyer. “Cities in Georgia, such as Valdosta, Brunswick and Albany, and cities in Florida, such as Jacksonville and Tallahassee, will see four-times-a-week next-day service.” Meyer Distributing Inc., Jasper, IN; 800-MEYERUSA.

Dometic Group’s commercial and passenger vehicle unit has opened a new sales and innovation center in Troy, Michigan. Under the leadership of Brian Berlenbach, director of sales, the Michigan team will focus on the North American OEM and Tier 1 automotive market. The sales and engineering focus will include Dometic mobile comfort products and electronic solutions for mobile devices. The Dometic Michigan team will focus on products that are suitable for passenger vehicles. The new office will have sales account management, program management, engineering and quality-assurance functions. Dometic Group, Pompano Beach, FL.

Motovicity Distribution has added PLX Devices to its line of performance aftermarket products. PLX is an innovative line of performance electronics products and custom apps geared toward performance enthusiasts and retailers. The PLX products that Motovicity highlighted as key include the DM-6 wideband AFR (UEGO) combo, which includes the DM-6 touchscreen-controlled MultiGauge; a Bosch LSU4.2 wideband O2 sensor; and the PLX SM-AFR wideband controller module. Motovicity, Madison Heights, MI; 888-SPEED-16.

The Advanstar Automotive Group has promoted Pete Meier to director of training. The Advanstar Automotive Group has promoted Pete Meier to director of training. Meier joined Advanstar in September 2010 as technical editor after spending more than 35 years as an automotive technician. In his new role, Meier will oversee the training program for Automechanika Chicago in 2015 and the development of other training initiatives within Advanstar Automotive Group, including webinars and video training projects. He will continue in his role as Advanstar Automotive Group technical editor. Advanstar, Santa Monica, CA; 310-857-7500.

LeMay—America’s Car Museum presented its Nicola Bulgari Award to McKeel Hagerty, president and CEO of Hagerty Insurance, which offers insurance and valuation tools for classic vehicles. Hagerty took over the family business in 1995 and has grown the company from 30 employees to more than 500. He created the Collectors Foundation, which has awarded $2.75 million in scholarships and grants to prepare young adults for careers in automotive preservation and restoration. It was renamed the Hagerty Education Program after partnering with America’s Car Museum in January 2014, and Hagerty has committed another $1.75 million to support collector vehicle education. Hagerty Insurance, Traverse City, MI; 877-922-9701.

CRP Automotive was presented with the Best-in-Class NCMA President’s Award for Electronic Data Excellence for 2013–2014 at the most recent National Catalog Managers Association Knowledge Exchange in Chandler, Arizona. CRP Automotive was nominated for the prestigious award by Epicor. The award announcement was made by Daniel Schildge, president of CRP Industries. “It’s an honor to be recognized by both Epicor and the NCMA for our cataloging efforts,” he said. “This award validates the process improvements that we have enacted within our cataloging activities and is a tribute to the dedication and hard work of our entire catalog team.”

Quantum Automotive announced that Tim Watts was promoted to president of Superlift Suspension, reporting to CEO Bob CrockettQuantum Automotive announced that Tim Watts was promoted to president of Superlift Suspension, reporting to CEO Bob Crockett. Watts will have total oversight for Superlift Suspension, including strategic direction and expansion. Watts will assume the role of president, immediately vacating his former position of vice president of sales and marketing for Superlift. The role of vice president of sales and marketing will be evaluated as Superlift Suspension looks to grow the management team. Superlift Suspension, West Monroe, LA; 800-551-4955.

Curt Manufacturing has acquired Aries Automotive, manufacturer of tubular-style truck accessories and 3D floor- and cargo-liner interior accessories. All contact information for Aries, including phone numbers and e-mail addresses, will remain the same. Jeff Perez and his team will continue to be the contacts for Aries Automotive. Curt Manufacturing, Eau Claire, WI; 715-831-8713.

Dust and Son, an automotive parts and power equipment retailer and wholesaler, announced that the company is now a distributor for the RKI Inc. product line. RKI is a manufacturer of specialty truck boxes, service bodies, wenches, cranes and aerodynamic window grilles. Dust and Son is celebrating its 85th year in business, with Illinois retail locations in Effingham, Charleston, Urbana, Marion, Decatur,Grayville, Salem and Sullivan.

Silver Sport Transmissions in Rockford, Tennessee, has acquired the assets and intellectual property of Keisler Engineering, which filed for bankruptcy in early 2014. Silver Sport will continue to market Tremec TKO 500/600 and T56 Magnum transmissions using PerfectFit technology, providing restoration enthusiasts with high-quality products with the best fit and performance possible. Silver Sport, Rockford, TN; 865-609-8187.

Direct Lift is helping the MustangMedic restoration show boost productivity by providing the shop with its first vehicle lift. The show received its 9,000-pound-capacity Direct Lift DL9 two-post lift in May. The company has restored Mustangs and posted more than 4,000 YouTube videos documenting each project and can now perform work under the car with the vehicle in the air. At MustangMedic, each element of the restoration process is filmed from day one until the vehicle is sold. All videos are posted to YouTube, so clients can watch as their Mustangs are brought back to life. Direct Lift, Madison, IN; 800-578-5438.

Jon Holder has joined K&N’s executive team as chief sales officer. Holder was most recently the senior vice president of sales and business development for MagnaFlow/Car Sound Inc., where he was responsible for all global sales activities. K&N began a formal search for this position in January 2014 when Tim Martin was promoted to chief operations officer and relinquished his oversight of sales in order to focus on his new position. Other members of the K&N management team include Steve Williams, chief engineering officer; Jesse Spungin, chief marketing officer; Doug Hood, chief financial officer; and Jean Franks, vice president of administration. K&N Engineering, Riverside, CA; 951-826-4000.

Effective July 1, 2014, Tomo Mizutani began his new role as president of Toyo Tire U.S.A. Corp. (TTC)—the U.S. sales-subsidiary for the Toyo Tires brand of premium replacement tires. Mizutani currently serves as president of Toyo Tire Holdings of Americas Inc. (TTHA). A corporate officer of Toyo Tire & Rubber Co. Ltd. (TTR), Mizutani will retain his current position at TTHA and his role as general manager of TTR’s Nitto business unit. Outgoing TTC president Tatsuo Mitsuhata will help lead Toyo Tire Europe as general manager of the company’s European business unit. He will also serve as president of Toyo Tire Europe and president of Toyo Tire Deutschland GmbH. Mitsuhata has led TTC for two and a half years. Toyo Tire USA Corp., Cypress, CA; 714-236-2080.

Tenneco’s Walker Emissions Control brand has launched a new counterperson promotion to encourage the sales of premium Walker mufflers and welded assemblies, Walker Ultra and CalCat direct-fit catalytic converters. The Exhaust Extravaganza promotion, running through August 31, offers a $5 prepaid card for every qualifying Walker product sale. Participants look up qualifying parts at www.walkerexhaust.com/qualify to locate parts that are eligible for the promotion. Tenneco, Monroe, MI; 734-243-8000.

Fri, 08/01/2014 - 09:53
SEMA News—August 2014

INDUSTRY NEWS

Fast Facts

Beth Velarde, longtime western regional sales manager for Covercraft Industries Inc., was named the company’s new national sales director. Beth Velarde, longtime western regional sales manager for Covercraft Industries Inc., was named the company’s new national sales director. Velarde will continue in her current role and also oversee product sales in North America across all product categories except OE products. As a 32-year veteran of the automotive industry and a 14-year Covercraft team member, Velarde brings an exceptional record of success in both sales and customer service to her new position. Velarde will continue to work from her current office location in Southern California. Covercraft, Pauls Valley, OK; 405-238-9651.

ReadyLift Suspension Inc. announced that Landon List has joined the company’s sales team to further strengthen and grow the sales efforts for the company’s street and off-road products. List had previously spent more than two years with Transamerican Wholesale/4 Wheel Parts. Prior to that, he spent more than two years with Viair. While at Transamerican/4 Wheel Parts, Landon was responsible for merchandising suspension lines and was a key manager in building relationships with vendors. ReadyLift, Henderson, NV; 877-759-9991.

Road America has announced a new sponsorship agreement with RaceQuip, making the safety-equipment manufacturer its new safety partner. RaceQuip’s safety apparel and gear will be available for purchase at Road America’s Paddock Shop, and RaceQuip will also have an on-site presence at Road America events through venue signage and product displays. RaceQuip, Riverview, FL; 813-642-6644.

The Powder Metallurgy Design Excellence Awards competition—sponsored by the Metal Powder Industries Federation since 1965—awarded top honors in the automotive category to Stanadyne and its supplier partner, Indo-MIM. The companies were recognized for a high-pressure gasoline fuel-injection pump designed to help next-generation vehicles reach fuel-economy standards outlined by Congress. Stanadyne expects to sell approximately one million units for U.S. automobiles in 2014. Stanadyne, Windsor, CT; 860-525-0821.

Truck Accessories Group (TAG) has added Jim Blayne to its staff as director of fleet sales for the company’s commercial division. Truck Accessories Group (TAG) has added Jim Blayne to its staff as director of fleet sales for the company’s commercial division. Blayne will help TAG’s customers meet their exacting budget and transportation needs. Blayne joins TAG with more than 22 years of industry experience, including senior management positions at A.R.E. Accessories in Ohio. He will establish the commercial division’s overall strategy and oversee all aspects of its sales efforts. Truck Accessories Group, Elkhart, IN; 574-522-5337.

Meyer Distributing Inc. has announced the addition of locations in Valdosta, Georgia, and Oklahoma City. The cross docks will have a direct feed from Meyer’s Jasper, Indiana, and Dallas distribution hubs. “The Valdosta cross dock will greatly enhance service to one of the few areas that didn’t have next-day delivery from our Jasper core,” said Jeff Braun, CFO of Meyer. “Cities in Georgia, such as Valdosta, Brunswick and Albany, and cities in Florida, such as Jacksonville and Tallahassee, will see four-times-a-week next-day service.” Meyer Distributing Inc., Jasper, IN; 800-MEYERUSA.

Dometic Group’s commercial and passenger vehicle unit has opened a new sales and innovation center in Troy, Michigan. Under the leadership of Brian Berlenbach, director of sales, the Michigan team will focus on the North American OEM and Tier 1 automotive market. The sales and engineering focus will include Dometic mobile comfort products and electronic solutions for mobile devices. The Dometic Michigan team will focus on products that are suitable for passenger vehicles. The new office will have sales account management, program management, engineering and quality-assurance functions. Dometic Group, Pompano Beach, FL.

Motovicity Distribution has added PLX Devices to its line of performance aftermarket products. PLX is an innovative line of performance electronics products and custom apps geared toward performance enthusiasts and retailers. The PLX products that Motovicity highlighted as key include the DM-6 wideband AFR (UEGO) combo, which includes the DM-6 touchscreen-controlled MultiGauge; a Bosch LSU4.2 wideband O2 sensor; and the PLX SM-AFR wideband controller module. Motovicity, Madison Heights, MI; 888-SPEED-16.

The Advanstar Automotive Group has promoted Pete Meier to director of training. The Advanstar Automotive Group has promoted Pete Meier to director of training. Meier joined Advanstar in September 2010 as technical editor after spending more than 35 years as an automotive technician. In his new role, Meier will oversee the training program for Automechanika Chicago in 2015 and the development of other training initiatives within Advanstar Automotive Group, including webinars and video training projects. He will continue in his role as Advanstar Automotive Group technical editor. Advanstar, Santa Monica, CA; 310-857-7500.

LeMay—America’s Car Museum presented its Nicola Bulgari Award to McKeel Hagerty, president and CEO of Hagerty Insurance, which offers insurance and valuation tools for classic vehicles. Hagerty took over the family business in 1995 and has grown the company from 30 employees to more than 500. He created the Collectors Foundation, which has awarded $2.75 million in scholarships and grants to prepare young adults for careers in automotive preservation and restoration. It was renamed the Hagerty Education Program after partnering with America’s Car Museum in January 2014, and Hagerty has committed another $1.75 million to support collector vehicle education. Hagerty Insurance, Traverse City, MI; 877-922-9701.

CRP Automotive was presented with the Best-in-Class NCMA President’s Award for Electronic Data Excellence for 2013–2014 at the most recent National Catalog Managers Association Knowledge Exchange in Chandler, Arizona. CRP Automotive was nominated for the prestigious award by Epicor. The award announcement was made by Daniel Schildge, president of CRP Industries. “It’s an honor to be recognized by both Epicor and the NCMA for our cataloging efforts,” he said. “This award validates the process improvements that we have enacted within our cataloging activities and is a tribute to the dedication and hard work of our entire catalog team.”

Quantum Automotive announced that Tim Watts was promoted to president of Superlift Suspension, reporting to CEO Bob CrockettQuantum Automotive announced that Tim Watts was promoted to president of Superlift Suspension, reporting to CEO Bob Crockett. Watts will have total oversight for Superlift Suspension, including strategic direction and expansion. Watts will assume the role of president, immediately vacating his former position of vice president of sales and marketing for Superlift. The role of vice president of sales and marketing will be evaluated as Superlift Suspension looks to grow the management team. Superlift Suspension, West Monroe, LA; 800-551-4955.

Curt Manufacturing has acquired Aries Automotive, manufacturer of tubular-style truck accessories and 3D floor- and cargo-liner interior accessories. All contact information for Aries, including phone numbers and e-mail addresses, will remain the same. Jeff Perez and his team will continue to be the contacts for Aries Automotive. Curt Manufacturing, Eau Claire, WI; 715-831-8713.

Dust and Son, an automotive parts and power equipment retailer and wholesaler, announced that the company is now a distributor for the RKI Inc. product line. RKI is a manufacturer of specialty truck boxes, service bodies, wenches, cranes and aerodynamic window grilles. Dust and Son is celebrating its 85th year in business, with Illinois retail locations in Effingham, Charleston, Urbana, Marion, Decatur,Grayville, Salem and Sullivan.

Silver Sport Transmissions in Rockford, Tennessee, has acquired the assets and intellectual property of Keisler Engineering, which filed for bankruptcy in early 2014. Silver Sport will continue to market Tremec TKO 500/600 and T56 Magnum transmissions using PerfectFit technology, providing restoration enthusiasts with high-quality products with the best fit and performance possible. Silver Sport, Rockford, TN; 865-609-8187.

Direct Lift is helping the MustangMedic restoration show boost productivity by providing the shop with its first vehicle lift. The show received its 9,000-pound-capacity Direct Lift DL9 two-post lift in May. The company has restored Mustangs and posted more than 4,000 YouTube videos documenting each project and can now perform work under the car with the vehicle in the air. At MustangMedic, each element of the restoration process is filmed from day one until the vehicle is sold. All videos are posted to YouTube, so clients can watch as their Mustangs are brought back to life. Direct Lift, Madison, IN; 800-578-5438.

Jon Holder has joined K&N’s executive team as chief sales officer. Holder was most recently the senior vice president of sales and business development for MagnaFlow/Car Sound Inc., where he was responsible for all global sales activities. K&N began a formal search for this position in January 2014 when Tim Martin was promoted to chief operations officer and relinquished his oversight of sales in order to focus on his new position. Other members of the K&N management team include Steve Williams, chief engineering officer; Jesse Spungin, chief marketing officer; Doug Hood, chief financial officer; and Jean Franks, vice president of administration. K&N Engineering, Riverside, CA; 951-826-4000.

Effective July 1, 2014, Tomo Mizutani began his new role as president of Toyo Tire U.S.A. Corp. (TTC)—the U.S. sales-subsidiary for the Toyo Tires brand of premium replacement tires. Mizutani currently serves as president of Toyo Tire Holdings of Americas Inc. (TTHA). A corporate officer of Toyo Tire & Rubber Co. Ltd. (TTR), Mizutani will retain his current position at TTHA and his role as general manager of TTR’s Nitto business unit. Outgoing TTC president Tatsuo Mitsuhata will help lead Toyo Tire Europe as general manager of the company’s European business unit. He will also serve as president of Toyo Tire Europe and president of Toyo Tire Deutschland GmbH. Mitsuhata has led TTC for two and a half years. Toyo Tire USA Corp., Cypress, CA; 714-236-2080.

Tenneco’s Walker Emissions Control brand has launched a new counterperson promotion to encourage the sales of premium Walker mufflers and welded assemblies, Walker Ultra and CalCat direct-fit catalytic converters. The Exhaust Extravaganza promotion, running through August 31, offers a $5 prepaid card for every qualifying Walker product sale. Participants look up qualifying parts at www.walkerexhaust.com/qualify to locate parts that are eligible for the promotion. Tenneco, Monroe, MI; 734-243-8000.

Fri, 08/01/2014 - 09:53
SEMA News—August 2014

INDUSTRY NEWS

Fast Facts

Beth Velarde, longtime western regional sales manager for Covercraft Industries Inc., was named the company’s new national sales director. Beth Velarde, longtime western regional sales manager for Covercraft Industries Inc., was named the company’s new national sales director. Velarde will continue in her current role and also oversee product sales in North America across all product categories except OE products. As a 32-year veteran of the automotive industry and a 14-year Covercraft team member, Velarde brings an exceptional record of success in both sales and customer service to her new position. Velarde will continue to work from her current office location in Southern California. Covercraft, Pauls Valley, OK; 405-238-9651.

ReadyLift Suspension Inc. announced that Landon List has joined the company’s sales team to further strengthen and grow the sales efforts for the company’s street and off-road products. List had previously spent more than two years with Transamerican Wholesale/4 Wheel Parts. Prior to that, he spent more than two years with Viair. While at Transamerican/4 Wheel Parts, Landon was responsible for merchandising suspension lines and was a key manager in building relationships with vendors. ReadyLift, Henderson, NV; 877-759-9991.

Road America has announced a new sponsorship agreement with RaceQuip, making the safety-equipment manufacturer its new safety partner. RaceQuip’s safety apparel and gear will be available for purchase at Road America’s Paddock Shop, and RaceQuip will also have an on-site presence at Road America events through venue signage and product displays. RaceQuip, Riverview, FL; 813-642-6644.

The Powder Metallurgy Design Excellence Awards competition—sponsored by the Metal Powder Industries Federation since 1965—awarded top honors in the automotive category to Stanadyne and its supplier partner, Indo-MIM. The companies were recognized for a high-pressure gasoline fuel-injection pump designed to help next-generation vehicles reach fuel-economy standards outlined by Congress. Stanadyne expects to sell approximately one million units for U.S. automobiles in 2014. Stanadyne, Windsor, CT; 860-525-0821.

Truck Accessories Group (TAG) has added Jim Blayne to its staff as director of fleet sales for the company’s commercial division. Truck Accessories Group (TAG) has added Jim Blayne to its staff as director of fleet sales for the company’s commercial division. Blayne will help TAG’s customers meet their exacting budget and transportation needs. Blayne joins TAG with more than 22 years of industry experience, including senior management positions at A.R.E. Accessories in Ohio. He will establish the commercial division’s overall strategy and oversee all aspects of its sales efforts. Truck Accessories Group, Elkhart, IN; 574-522-5337.

Meyer Distributing Inc. has announced the addition of locations in Valdosta, Georgia, and Oklahoma City. The cross docks will have a direct feed from Meyer’s Jasper, Indiana, and Dallas distribution hubs. “The Valdosta cross dock will greatly enhance service to one of the few areas that didn’t have next-day delivery from our Jasper core,” said Jeff Braun, CFO of Meyer. “Cities in Georgia, such as Valdosta, Brunswick and Albany, and cities in Florida, such as Jacksonville and Tallahassee, will see four-times-a-week next-day service.” Meyer Distributing Inc., Jasper, IN; 800-MEYERUSA.

Dometic Group’s commercial and passenger vehicle unit has opened a new sales and innovation center in Troy, Michigan. Under the leadership of Brian Berlenbach, director of sales, the Michigan team will focus on the North American OEM and Tier 1 automotive market. The sales and engineering focus will include Dometic mobile comfort products and electronic solutions for mobile devices. The Dometic Michigan team will focus on products that are suitable for passenger vehicles. The new office will have sales account management, program management, engineering and quality-assurance functions. Dometic Group, Pompano Beach, FL.

Motovicity Distribution has added PLX Devices to its line of performance aftermarket products. PLX is an innovative line of performance electronics products and custom apps geared toward performance enthusiasts and retailers. The PLX products that Motovicity highlighted as key include the DM-6 wideband AFR (UEGO) combo, which includes the DM-6 touchscreen-controlled MultiGauge; a Bosch LSU4.2 wideband O2 sensor; and the PLX SM-AFR wideband controller module. Motovicity, Madison Heights, MI; 888-SPEED-16.

The Advanstar Automotive Group has promoted Pete Meier to director of training. The Advanstar Automotive Group has promoted Pete Meier to director of training. Meier joined Advanstar in September 2010 as technical editor after spending more than 35 years as an automotive technician. In his new role, Meier will oversee the training program for Automechanika Chicago in 2015 and the development of other training initiatives within Advanstar Automotive Group, including webinars and video training projects. He will continue in his role as Advanstar Automotive Group technical editor. Advanstar, Santa Monica, CA; 310-857-7500.

LeMay—America’s Car Museum presented its Nicola Bulgari Award to McKeel Hagerty, president and CEO of Hagerty Insurance, which offers insurance and valuation tools for classic vehicles. Hagerty took over the family business in 1995 and has grown the company from 30 employees to more than 500. He created the Collectors Foundation, which has awarded $2.75 million in scholarships and grants to prepare young adults for careers in automotive preservation and restoration. It was renamed the Hagerty Education Program after partnering with America’s Car Museum in January 2014, and Hagerty has committed another $1.75 million to support collector vehicle education. Hagerty Insurance, Traverse City, MI; 877-922-9701.

CRP Automotive was presented with the Best-in-Class NCMA President’s Award for Electronic Data Excellence for 2013–2014 at the most recent National Catalog Managers Association Knowledge Exchange in Chandler, Arizona. CRP Automotive was nominated for the prestigious award by Epicor. The award announcement was made by Daniel Schildge, president of CRP Industries. “It’s an honor to be recognized by both Epicor and the NCMA for our cataloging efforts,” he said. “This award validates the process improvements that we have enacted within our cataloging activities and is a tribute to the dedication and hard work of our entire catalog team.”

Quantum Automotive announced that Tim Watts was promoted to president of Superlift Suspension, reporting to CEO Bob CrockettQuantum Automotive announced that Tim Watts was promoted to president of Superlift Suspension, reporting to CEO Bob Crockett. Watts will have total oversight for Superlift Suspension, including strategic direction and expansion. Watts will assume the role of president, immediately vacating his former position of vice president of sales and marketing for Superlift. The role of vice president of sales and marketing will be evaluated as Superlift Suspension looks to grow the management team. Superlift Suspension, West Monroe, LA; 800-551-4955.

Curt Manufacturing has acquired Aries Automotive, manufacturer of tubular-style truck accessories and 3D floor- and cargo-liner interior accessories. All contact information for Aries, including phone numbers and e-mail addresses, will remain the same. Jeff Perez and his team will continue to be the contacts for Aries Automotive. Curt Manufacturing, Eau Claire, WI; 715-831-8713.

Dust and Son, an automotive parts and power equipment retailer and wholesaler, announced that the company is now a distributor for the RKI Inc. product line. RKI is a manufacturer of specialty truck boxes, service bodies, wenches, cranes and aerodynamic window grilles. Dust and Son is celebrating its 85th year in business, with Illinois retail locations in Effingham, Charleston, Urbana, Marion, Decatur,Grayville, Salem and Sullivan.

Silver Sport Transmissions in Rockford, Tennessee, has acquired the assets and intellectual property of Keisler Engineering, which filed for bankruptcy in early 2014. Silver Sport will continue to market Tremec TKO 500/600 and T56 Magnum transmissions using PerfectFit technology, providing restoration enthusiasts with high-quality products with the best fit and performance possible. Silver Sport, Rockford, TN; 865-609-8187.

Direct Lift is helping the MustangMedic restoration show boost productivity by providing the shop with its first vehicle lift. The show received its 9,000-pound-capacity Direct Lift DL9 two-post lift in May. The company has restored Mustangs and posted more than 4,000 YouTube videos documenting each project and can now perform work under the car with the vehicle in the air. At MustangMedic, each element of the restoration process is filmed from day one until the vehicle is sold. All videos are posted to YouTube, so clients can watch as their Mustangs are brought back to life. Direct Lift, Madison, IN; 800-578-5438.

Jon Holder has joined K&N’s executive team as chief sales officer. Holder was most recently the senior vice president of sales and business development for MagnaFlow/Car Sound Inc., where he was responsible for all global sales activities. K&N began a formal search for this position in January 2014 when Tim Martin was promoted to chief operations officer and relinquished his oversight of sales in order to focus on his new position. Other members of the K&N management team include Steve Williams, chief engineering officer; Jesse Spungin, chief marketing officer; Doug Hood, chief financial officer; and Jean Franks, vice president of administration. K&N Engineering, Riverside, CA; 951-826-4000.

Effective July 1, 2014, Tomo Mizutani began his new role as president of Toyo Tire U.S.A. Corp. (TTC)—the U.S. sales-subsidiary for the Toyo Tires brand of premium replacement tires. Mizutani currently serves as president of Toyo Tire Holdings of Americas Inc. (TTHA). A corporate officer of Toyo Tire & Rubber Co. Ltd. (TTR), Mizutani will retain his current position at TTHA and his role as general manager of TTR’s Nitto business unit. Outgoing TTC president Tatsuo Mitsuhata will help lead Toyo Tire Europe as general manager of the company’s European business unit. He will also serve as president of Toyo Tire Europe and president of Toyo Tire Deutschland GmbH. Mitsuhata has led TTC for two and a half years. Toyo Tire USA Corp., Cypress, CA; 714-236-2080.

Tenneco’s Walker Emissions Control brand has launched a new counterperson promotion to encourage the sales of premium Walker mufflers and welded assemblies, Walker Ultra and CalCat direct-fit catalytic converters. The Exhaust Extravaganza promotion, running through August 31, offers a $5 prepaid card for every qualifying Walker product sale. Participants look up qualifying parts at www.walkerexhaust.com/qualify to locate parts that are eligible for the promotion. Tenneco, Monroe, MI; 734-243-8000.

Fri, 08/01/2014 - 09:53
SEMA News—August 2014

INDUSTRY NEWS

Fast Facts

Beth Velarde, longtime western regional sales manager for Covercraft Industries Inc., was named the company’s new national sales director. Beth Velarde, longtime western regional sales manager for Covercraft Industries Inc., was named the company’s new national sales director. Velarde will continue in her current role and also oversee product sales in North America across all product categories except OE products. As a 32-year veteran of the automotive industry and a 14-year Covercraft team member, Velarde brings an exceptional record of success in both sales and customer service to her new position. Velarde will continue to work from her current office location in Southern California. Covercraft, Pauls Valley, OK; 405-238-9651.

ReadyLift Suspension Inc. announced that Landon List has joined the company’s sales team to further strengthen and grow the sales efforts for the company’s street and off-road products. List had previously spent more than two years with Transamerican Wholesale/4 Wheel Parts. Prior to that, he spent more than two years with Viair. While at Transamerican/4 Wheel Parts, Landon was responsible for merchandising suspension lines and was a key manager in building relationships with vendors. ReadyLift, Henderson, NV; 877-759-9991.

Road America has announced a new sponsorship agreement with RaceQuip, making the safety-equipment manufacturer its new safety partner. RaceQuip’s safety apparel and gear will be available for purchase at Road America’s Paddock Shop, and RaceQuip will also have an on-site presence at Road America events through venue signage and product displays. RaceQuip, Riverview, FL; 813-642-6644.

The Powder Metallurgy Design Excellence Awards competition—sponsored by the Metal Powder Industries Federation since 1965—awarded top honors in the automotive category to Stanadyne and its supplier partner, Indo-MIM. The companies were recognized for a high-pressure gasoline fuel-injection pump designed to help next-generation vehicles reach fuel-economy standards outlined by Congress. Stanadyne expects to sell approximately one million units for U.S. automobiles in 2014. Stanadyne, Windsor, CT; 860-525-0821.

Truck Accessories Group (TAG) has added Jim Blayne to its staff as director of fleet sales for the company’s commercial division. Truck Accessories Group (TAG) has added Jim Blayne to its staff as director of fleet sales for the company’s commercial division. Blayne will help TAG’s customers meet their exacting budget and transportation needs. Blayne joins TAG with more than 22 years of industry experience, including senior management positions at A.R.E. Accessories in Ohio. He will establish the commercial division’s overall strategy and oversee all aspects of its sales efforts. Truck Accessories Group, Elkhart, IN; 574-522-5337.

Meyer Distributing Inc. has announced the addition of locations in Valdosta, Georgia, and Oklahoma City. The cross docks will have a direct feed from Meyer’s Jasper, Indiana, and Dallas distribution hubs. “The Valdosta cross dock will greatly enhance service to one of the few areas that didn’t have next-day delivery from our Jasper core,” said Jeff Braun, CFO of Meyer. “Cities in Georgia, such as Valdosta, Brunswick and Albany, and cities in Florida, such as Jacksonville and Tallahassee, will see four-times-a-week next-day service.” Meyer Distributing Inc., Jasper, IN; 800-MEYERUSA.

Dometic Group’s commercial and passenger vehicle unit has opened a new sales and innovation center in Troy, Michigan. Under the leadership of Brian Berlenbach, director of sales, the Michigan team will focus on the North American OEM and Tier 1 automotive market. The sales and engineering focus will include Dometic mobile comfort products and electronic solutions for mobile devices. The Dometic Michigan team will focus on products that are suitable for passenger vehicles. The new office will have sales account management, program management, engineering and quality-assurance functions. Dometic Group, Pompano Beach, FL.

Motovicity Distribution has added PLX Devices to its line of performance aftermarket products. PLX is an innovative line of performance electronics products and custom apps geared toward performance enthusiasts and retailers. The PLX products that Motovicity highlighted as key include the DM-6 wideband AFR (UEGO) combo, which includes the DM-6 touchscreen-controlled MultiGauge; a Bosch LSU4.2 wideband O2 sensor; and the PLX SM-AFR wideband controller module. Motovicity, Madison Heights, MI; 888-SPEED-16.

The Advanstar Automotive Group has promoted Pete Meier to director of training. The Advanstar Automotive Group has promoted Pete Meier to director of training. Meier joined Advanstar in September 2010 as technical editor after spending more than 35 years as an automotive technician. In his new role, Meier will oversee the training program for Automechanika Chicago in 2015 and the development of other training initiatives within Advanstar Automotive Group, including webinars and video training projects. He will continue in his role as Advanstar Automotive Group technical editor. Advanstar, Santa Monica, CA; 310-857-7500.

LeMay—America’s Car Museum presented its Nicola Bulgari Award to McKeel Hagerty, president and CEO of Hagerty Insurance, which offers insurance and valuation tools for classic vehicles. Hagerty took over the family business in 1995 and has grown the company from 30 employees to more than 500. He created the Collectors Foundation, which has awarded $2.75 million in scholarships and grants to prepare young adults for careers in automotive preservation and restoration. It was renamed the Hagerty Education Program after partnering with America’s Car Museum in January 2014, and Hagerty has committed another $1.75 million to support collector vehicle education. Hagerty Insurance, Traverse City, MI; 877-922-9701.

CRP Automotive was presented with the Best-in-Class NCMA President’s Award for Electronic Data Excellence for 2013–2014 at the most recent National Catalog Managers Association Knowledge Exchange in Chandler, Arizona. CRP Automotive was nominated for the prestigious award by Epicor. The award announcement was made by Daniel Schildge, president of CRP Industries. “It’s an honor to be recognized by both Epicor and the NCMA for our cataloging efforts,” he said. “This award validates the process improvements that we have enacted within our cataloging activities and is a tribute to the dedication and hard work of our entire catalog team.”

Quantum Automotive announced that Tim Watts was promoted to president of Superlift Suspension, reporting to CEO Bob CrockettQuantum Automotive announced that Tim Watts was promoted to president of Superlift Suspension, reporting to CEO Bob Crockett. Watts will have total oversight for Superlift Suspension, including strategic direction and expansion. Watts will assume the role of president, immediately vacating his former position of vice president of sales and marketing for Superlift. The role of vice president of sales and marketing will be evaluated as Superlift Suspension looks to grow the management team. Superlift Suspension, West Monroe, LA; 800-551-4955.

Curt Manufacturing has acquired Aries Automotive, manufacturer of tubular-style truck accessories and 3D floor- and cargo-liner interior accessories. All contact information for Aries, including phone numbers and e-mail addresses, will remain the same. Jeff Perez and his team will continue to be the contacts for Aries Automotive. Curt Manufacturing, Eau Claire, WI; 715-831-8713.

Dust and Son, an automotive parts and power equipment retailer and wholesaler, announced that the company is now a distributor for the RKI Inc. product line. RKI is a manufacturer of specialty truck boxes, service bodies, wenches, cranes and aerodynamic window grilles. Dust and Son is celebrating its 85th year in business, with Illinois retail locations in Effingham, Charleston, Urbana, Marion, Decatur,Grayville, Salem and Sullivan.

Silver Sport Transmissions in Rockford, Tennessee, has acquired the assets and intellectual property of Keisler Engineering, which filed for bankruptcy in early 2014. Silver Sport will continue to market Tremec TKO 500/600 and T56 Magnum transmissions using PerfectFit technology, providing restoration enthusiasts with high-quality products with the best fit and performance possible. Silver Sport, Rockford, TN; 865-609-8187.

Direct Lift is helping the MustangMedic restoration show boost productivity by providing the shop with its first vehicle lift. The show received its 9,000-pound-capacity Direct Lift DL9 two-post lift in May. The company has restored Mustangs and posted more than 4,000 YouTube videos documenting each project and can now perform work under the car with the vehicle in the air. At MustangMedic, each element of the restoration process is filmed from day one until the vehicle is sold. All videos are posted to YouTube, so clients can watch as their Mustangs are brought back to life. Direct Lift, Madison, IN; 800-578-5438.

Jon Holder has joined K&N’s executive team as chief sales officer. Holder was most recently the senior vice president of sales and business development for MagnaFlow/Car Sound Inc., where he was responsible for all global sales activities. K&N began a formal search for this position in January 2014 when Tim Martin was promoted to chief operations officer and relinquished his oversight of sales in order to focus on his new position. Other members of the K&N management team include Steve Williams, chief engineering officer; Jesse Spungin, chief marketing officer; Doug Hood, chief financial officer; and Jean Franks, vice president of administration. K&N Engineering, Riverside, CA; 951-826-4000.

Effective July 1, 2014, Tomo Mizutani began his new role as president of Toyo Tire U.S.A. Corp. (TTC)—the U.S. sales-subsidiary for the Toyo Tires brand of premium replacement tires. Mizutani currently serves as president of Toyo Tire Holdings of Americas Inc. (TTHA). A corporate officer of Toyo Tire & Rubber Co. Ltd. (TTR), Mizutani will retain his current position at TTHA and his role as general manager of TTR’s Nitto business unit. Outgoing TTC president Tatsuo Mitsuhata will help lead Toyo Tire Europe as general manager of the company’s European business unit. He will also serve as president of Toyo Tire Europe and president of Toyo Tire Deutschland GmbH. Mitsuhata has led TTC for two and a half years. Toyo Tire USA Corp., Cypress, CA; 714-236-2080.

Tenneco’s Walker Emissions Control brand has launched a new counterperson promotion to encourage the sales of premium Walker mufflers and welded assemblies, Walker Ultra and CalCat direct-fit catalytic converters. The Exhaust Extravaganza promotion, running through August 31, offers a $5 prepaid card for every qualifying Walker product sale. Participants look up qualifying parts at www.walkerexhaust.com/qualify to locate parts that are eligible for the promotion. Tenneco, Monroe, MI; 734-243-8000.