While there are absolutely banned on how—and how much—aftermarket sellers can use OEM trademarks to acquaint key advice about aftermarket parts, the acknowledged aries for aftermarket sellers are not consistently clear.
Automotive aftermarket parts, authentic as backup genitalia fabricated by a aggregation added than the vehicle’s aboriginal manufacturer, is a huge and growing business in the United States. Indeed, with the average age of an American car on the alley today aggressive to 11.2 years, the automotive additional genitalia industry, which includes backup grilles, fenders, bumpers, and headlights, has surpassed that of the aboriginal automotive business, aloft $318 billion annually.
Historically, aftermarket genitalia were awash about alone via adjustment shops. Today, however, end consumers about acquirement aftermarket auto genitalia anon from on-line aftermarket retailers. Not surprisingly, aftermarket sellers frequently use aboriginal auto makers’ trademarks (e.g., Ford, GM, Volkswagen) to bazaar their aftermarket parts, as consumers absolutely charge to apperceive whether a additional allotment they are attractive to acquirement is accordant with the agent for which it is to be used. Compassionate this, courts for decades accept accustomed aftermarket sellers to use trademarks of aboriginal accessories manufacturers (“OEMs”) to acquaint consumers that their backup genitalia fit accurate OEM products.
While there are absolutely banned on how—and how much—aftermarket sellers can use OEM trademarks to acquaint key advice
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