Originally Published
MX July/August 2002

GOVERNMENTAL
& LEGAL AFFAIRS

Refurbishers,
Beware

Joel D. Covelman

Refurbishers of
equipment who use non-factory-original aftermarket parts can be subject to suits
for trademark infringement under certain circumstances. All kinds of goods,
from watches and computers to industrial machinery and medical equipment, are
refurbished and rebuilt by shops not affiliated with the products' original
manufacturers.

If
the independent repairers replace too many parts with aftermarket substitutes,
or make significant modifications to the original products, they could be found
to be selling different products, not merely repaired originals. Continued use
of the manufacturer's trademark on such refurbished goods could draw a lawsuit
for trademark infringement from the manufacturer.

The scope of FDA
control of medical product rebuilding and refurbishment is unclear, providing
little guidance to either original manufacturers or end-users. During the past
decade, FDA has considered revising its compliance policy guide in this area,