OEMs have argued that the design of each part is enough of an intellectual property that it can be protected, but courts have repeatedly argued that only a logo or vehicle name can be trademarked. This has been a tough match for automakers, and it did not seem like they were gaining any ground – until now.
To fight a good fight, OEMs are generating creative solutions. Ford, for example, threw an early punch by displaying embossed model names such as "Mustang GT" on rear bumper covers. Other OEMs are jabbing by putting painted logos on their windshields to try to retain that market as OEM only.
Those moves may have been enough to win points in a few early rounds, but it's time for the heavyweights to throw a one-two punch by creating truly inventive parts. Case in point – protecting the profitable headlight market that has aftermarket manufacturers hot on the heels of OEMs. Today's vehicles feature high-tech headlight assemblies with costly, high-intensity displays like xenon beams that are seemingly ripe and low-hanging fruit for aftermarket manufacturers to pick.
Volkswagen and Jeep aren't going down for the count easily. These innovators are engineering logos into the projection beam. Creating a unique signature beam (think of the Batman searchlight) is one way to knock out aftermarket manufacturers by eliminating the option to produce a copy in kind and quality because of the copyrighted logo.
How do they achieve that creative preventive measure? The logo appears in the beam "diffuser cap," the diffuser being the silver dome in front of the headlight bulb that diffuses the light pattern to expand the beam. OEMs will be able to set a price for the headlamp that reflects a lack of competition. Any other parts to protect from imitation by a logo?
Any outline of a branded, distinct logo can lead to protection. Think of the Chevrolet "bow tie" stamped into fenders or hoods as a design element that may protect those parts from being copied. While you may think that every car company will rush out and implement this on all cars, the design cycle can take up to four years. And the designer has to be convinced that adding a logo will benefit the overall look and feel of the vehicle, which is not easy. Car companies with distinct logo outlines like the Dodge Ram or Chevy "bow tie," may have an easier time delivering the final blow. If every model eventually has a grille emblem with an outline indent for the badge, OEMs will have blocked the return punch and protected the grille from being copied.
But Ford's oval shape is too generic. Did you know the Kia and Ford oval are the same dimensions? Ford and Kia had a partnership dating to 1986, where Kia produced several Mazda-derived vehicles for Korean and U.S. markets. Remember the unloved Ford Aspire and Festiva as U.S. market products? Even after the bankruptcy of Kia and subsequent purchase by Hyundai, the oval's legacy remains.
The potential number of OEM entrants in the boxing ring of parts that could have a logo stamped into them and would protect them from being copied is almost endless.
But isn't that going over the top and a bit tacky? Aren't vehicles branded enough? Compared to vehicles of the 1970s where every car had the automaker's logo, several model badges, vital information like multi-port fuel injection, five-speed, and Special Edition – OEMs have demonstrated that an extra logo here and there isn't overkill.
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