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Right to repair laws are giving consumers and independent repair shops greater access to parts and information. While these laws benefit consumers, they also create challenges for original equipment manufacturers (OEMs) and authorized suppliers, raising concerns about safety, privacy, and security. Intellectual property (IP) laws offer companies tools to protect their aftermarket business and maintain brand integrity.
Trademark Protection
Trademarks help companies prevent consumer confusion about the source or quality of parts and services. Nominative fair use allows limited use of another company's trademark for identification (for example, "we repair Acme products"), but misuse is common. Companies must avoid logos, colors, or prominent displays that suggest authorization. Issues often arise when former distributors continue to promote their authorized status with outdated signage or websites. Brand owners have a duty to monitor and address these uses. Failure to do so can weaken a brand's unique identity and, in extreme cases, risk trademarks becoming generic, as happened with Escalator and Thermos.
Patent Protection
Patents provide another avenue to protect aftermarket products. Unlike copyright laws, federal patent rights are not limited by state right to repair laws, making them a reliable tool for safeguarding parts and services. Design patents can cover exterior components as well as the fit and placement of internal parts. Properly marking parts with patent numbers can deter copycats and reinforce legal protections.
Practical Takeaways
For practical tips and concrete steps to stay ahead of emerging challenges, see the full commentary on pages 13–14 of Dykema's 2025 IP Update and Year in Review.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
