COUNTERFEITING AT AAPEX: How to Protect Your Products and Intellectual Property Presented by: Marc Fleischaker & Sarah Bruno October 1, 2008

Counterfeiting at AAPEX Overview (1)Your Intellectual Property Rights Defined – What is being infringed? (2)Exhibitor Responsibilities (3)How to Approach Counterfeiters (4)Questions?

Counterfeiting at AAPEX Section 1: Your Intellectual Property Rights Defined – What is being infringed?

Counterfeiting at AAPEX The right conferred by the patent grant is “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. Examples: Your Intellectual Property Rights Defined: Patent

Counterfeiting at AAPEX Your Intellectual Property Rights Defined: Trademark Trademark protection extends to names, designs or other elements that act as “source identifiers”  A product name, company name or slogan  Part numbers  The shape or design of a product

Counterfeiting at AAPEX Trade Dress Trade Dress Rights Extend to the Look and Feel of Your Product or the Package Design

Counterfeiting at AAPEX Your Intellectual Property Rights Defined: Copyright Copyright Protection may extend to original creative elements on products or product packaging Elements of the product design Packaging or labels Catalogs and brochures Images and photographs

Counterfeiting at AAPEX

Section 2: EXHIBITOR RESPONSIBILITIES

Counterfeiting at AAPEX Criteria for Exhibitors 1)A manufacturer that offers product(s) for sale May be an assembler, packager, exclusive importer, etc., so long as such product or products are exclusively proprietary. An importer may technically be called a distributor, but the exclusivity shall qualify him as an exhibitor-manufacturer by reason of such exclusivity. 2)Non-domestic manufacturers may participate in their government or trade organization block. 3)A manufacturer Rep firm may NOT exhibit but may work in an exhibit for an exhibiting company. The exhibiting company that the manufacturer Rep firm is representing must have their company name on the exhibit contract and on any other promotional pieces. The manufacturer Rep firm may not list their name on the exhibit contract. The manufacturer Rep firm may only list their company name on the contract for the exhibitor booth space drawing under the authorization section.

Counterfeiting at AAPEX Exhibitor Regulations and Commitments Rules for Products and Advertising Product to be displayed must be automotive parts, accessories, equipment, or other industry-related products or services. Exhibitor must advertise or display only such products indicated by the exhibitor in the “Products/Services” section of The Agreement and are intended for and generally used in a manner that conforms to State, Federal, or other applicable laws or regulations. No exhibitor shall display any product or display or distribute advertisements for a product which infringes upon the registered trademark, copyright, or patent of another company. An Exhibitor may not use a competitor’s product in a demonstration or any type of comparisons. Show Management, in its sole judgment, will determine the appropriateness of products exhibited and reserves the right to prohibit display or advertisement of products

Counterfeiting at AAPEX Exhibitor Regulations and Commitments An Exhibitor may not show the following products: (1) Counterfeit products (2) Another manufacturer’s products which have been purchased or lifted from a distributor or another manufacturer, or (3) Any products which are deemed by Show Management in its sole discretion to be deceptively or illegally marketed. (4) Non-compliant Parts – consider FMVSS standards imposed by NHTSA

Counterfeiting at AAPEX Exhibitor Regulations and Commitments If there is a violation of Exhibitor Agreement – There may be a cancellation of the Agreement to occupy exhibit space and the forfeiture of any monies paid. Show Management shall have the right to take possession of the exhibitor’s space, remove all persons and properties of the exhibitor, and hold the exhibitor accountable for all risks and expenses incurred in such removal.

Counterfeiting at AAPEX Section 3: HOW TO APPROACH COUNTERFEITERS

Counterfeiting at AAPEX Range of Sanctions 1.Polite request to remove product if no previous history. 2.Mandatory removal of product(s). 3.Correction and/or removal of catalogs and other literature. 4.Booth closure. 5.Prohibition of future show participation. NOTE: Show Manager has the authority to decide.

Counterfeiting at AAPEX Recommendations for Intellectual Property Owners 1.Pre-Show meetings with Show Manager/Counsel. 2.Investigate the Show floor before making allegations. 3.Court Orders are the best evidence. 4.Patents may be difficult to interpret. Be clear and specific. Many products are similar. 5.Bring written support for your position. 6.You may wish to speak with the alleged violator before seeking Show Management assistance. 7.You may not take pictures. Show Management may.

Counterfeiting at AAPEX Support of Your Position What do you need? A letter (preferably from a lawyer) describing the infringement Photographs of counterfeit good Photographs of legitimate good Trademark or patent certificate Evidence that counterfeit products are being displayed at the show Evidence that the infringement is occurring at the show Copyrighted items that are being duplicated Other evidence, posters, advertisements or pictures

Counterfeiting at AAPEX

Summary of the Actions at 2007 AAPEX Number of Complainants: 7 Number of Companies Complained About: 32 Nature of Violations (The number exceeds the total number of complaints because there were multiple complaints about some companies) Non-compliant product: 22 Patent Violations: 5 Trademark and/or part number infringements: 4 Generalized IP allegations, including trade dress and copyright: 1 Resolution of Complaints (without follow-up to assure compliance in all cases) Insufficient evidence to pursue, or complaint withdrawn or deferred: 3 Product and/or catalog not on display or voluntarily withdrawn: 22 Products seized and/or catalogs redacted: 4 Shut Down booth: 1 Other action: 2

Counterfeiting at AAPEX Banned From Participation Agreement to send letters barring participation for 5 years (or longer) from AAPEX: ACHR/Wenzhou Huaran Electrical Machinery Co., Ltd. QAP Automotive Industries (China) Inc. CRQ Fuel Pumps (China) Co., Ltd. HanKang Mechanical Electric C., Ltd. Ningbo Motor Industrial Co., Ltd./Ningbo Motor Company Ossca Parts (China) Co., Ltd. Sane Mechanic Industrial Co., Ltd. Yangzhou Fupond Electronic Technology Co., Ltd. LeiShen Co. / China National Automotive (China) Zhejiang Automobile Parts Co., Ltd. Zhejiang Pullman Automobile Co., Ltd. (banned through 2010)

Counterfeiting at AAPEX

1.AAPEX will monitor and enforce IP rights. 2.Success is dependent upon your investigation and follow-up. 3.Fairness is uppermost, and AAPEX will not enforce invalid or weak claims. 4.For assistance, contact: 1.William Glasgow, Sr. Phone: Fax: George Keeley. Phone: Fax: Marc Fleischaker. Phone: Fax: Sarah Bruno. Phone: Fax

Counterfeiting at AAPEX Questions?

Counterfeiting at AAPEX Thank you for joining us! Presented by: Marc Fleischaker & Sarah Bruno September 26, 2007