By Amy Antenora, managing editor
As more than 2,050 companies make final preparations for their participation in the Automotive Aftermarket Products Expo (AAPEX) in Las Vegas on Nov. 1-4, the Automotive Suppliers Association (AASA) – a market segment of MEMA – wants to add a few tips to everyone’s pre-show ‘to do’ list. On Oct. 17, AASA hosted a free webinar for suppliers on how to identify and take action against counterfeiting and IPR violations during the show.
This free, hour-long webinar included presentations by AASA President Paul Foley, Marc Fleischaker, chairman of Arent Fox and one of the lawyers for the AAPEX show, and Bill Glasgow Sr. of show management company WT Glasgow, each of whom offered tips for protecting copyrights, trademarks and intellectual property at the show.
With more than 2,050 exhibitors set up to showcase their products and services at this year’s sold-out AAPEX, one might think the show would be a counterfeiters’ free-for-all, with access to so many products in one place. However, thanks to a successful anti-counterfeiting model, show organizers have been able to keep this growing international problem at bay on the show floor. In fact, AAPEX’s enforcement practices have become the standard model for other trade shows across the country.
So, what’s the secret to protecting your products? According to Foley, Fleishaker and Glasgow, there are some simple steps every exhibitor can take to protect themselves:
- First off, know clearly what your patents and copyrights are and bring documentation. Show organizers will enforce patents, trademarks and copyrights with sufficient evidence and documentation.
- Know exhibitor rules and regulations. Show management can take photographs on the show floor — exhibitors and attendees cannot. It’s also important to note that AAPEX show management cannot stop reverse engineering, a common and legitimate practice in the auto parts industry.
- Once you’ve clearly established a potential violation, notify show management immediately. You also have the option of first trying to speak with the alleged violators without intervention. Interpreters are available for non-English speaking exhibitors.
After identifying a possible violation, the first step show management and legal counsel will take following a complaint is to make a polite request for removal of the product in question, if there is no previous history of problems from the company in question. If the initial request is not successful, show organizers can order mandatory removal of a product. The next step, if a problem continues, is booth closure and prohibition from future participation in AAPEX. Show management has the authority to determine the level of action on a case-by-case basis.
If your company is anticipating a problem at this year’s show, Fleischaker recommends setting up pre-show meetings with show management and counsel. He also recommends investigating the show floor prior to the show’s start, before making an allegation. It is also helpful to provide written documentation in support of your position. Fleischaker says court orders make the best evidence.
Prior to the show, show organizers WT Glasgow will be available at 708-226-1300 or at [email protected]. During the show, any concerns or problems concerning possible intellectual property violations can be directed to show management in the Show Office, Room 305, Sands Convention Center.
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