Interpretation ID: 1982-2.7

DATE: 04/21/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Motor Wheel Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent letter to Mr. Kratzke of my staff, requesting an interpretation concerning Federal Motor Vehicle Safety Standard No. 120 (49 CFR @ 571.120). Specifically, you noted that your company, a wholly-owned subsidiary of Goodyear, wants to import rims from Lemmerz, a West German manufacturer, and mark those rims with the Goodyear name and trademark. This would be similar to the tires sold, for example, with Sears or Montgomery Ward labels and trademarks on the sidewalls. Your question concerns the requirement in section S5.2(d) of Standard No. 120, which specifies that each rim be marked with "a designation that identifies the manufacturer of the rim by name, trademark, or symbol." You correctly recognized that Lemmerz would have to be identified as the actual manufacturer, and asked if the block letter "L" would be a sufficient identification. Imprinting an "L" on the rims manufactured for Goodyear by Lemmerz would satisfy the requirement of Standard No. 120.

In the notice initially establishing Standard No. 120 (41 FR 3478, January 23, 1976), this agency stated, "The rim manufacturer is free to use his name, trademark, or a symbol of his choice." The only limitation on this freedom is that the information cannot be presented in a deceptive or confusing manner. In the circumstances you have described, a consumer with a complaint or problem with the rims would know to contact Goodyear about the rims, and Goodyear would know that the block letter "L" indicated that the rim had been manufactured for them by Lemmerz. This would not be confusing or deceptive. Hence, the purpose of the labeling requirement is fulfilled, so Goodyear is free to use the letter "L" as the indicator that the rim was actually manufactured by Lemmerz.

Sincerely,

ATTACH.

MOTOR WHEEL CORPORATION

February 23, 1982

STEPHEN R. KRATCKE -- Office of Chief Counsel, National Highway Traffic and Safety Administration

Dear Mr. Kratcke:

At your suggestion I am formally requesting the Chief Counsel to issue an opinion on compliance with 49 CFR 571.120 S5.2(d).

As indicated during my telephone call, Motor Wheel Corporation is a wholly-owned subsidiary of The Goodyear Tire & Rubber Company and as such is responsible for Goodyear Metal Products, a producer of rims and wheels for on and off-highway commercial application. In conjunction with the parent company we are presently contemplating introduction of a super-single tire and wheel assembly to replace duals on truck trailers. Without knowing market potential Motor Wheel is hesitant to make the wheels and has elected to temporarily purchase the necessary wheels from a European source. Until such time as a final make or buy decision is made we propose to buy wheels from Lemmerz of West Germany.

Our inquiry is directed toward what NHTSA will accept as a trademark or symbol in lieu of the manufacturer's name on the rim as called for in 49 CFR 571.120 S5.2(d). Lemmerz identification on their rims is their name. We propose that the block letter 'L' be used in lieu of the full name so that we can imprint Goodyear's name and trademark for customer identification.

Is such a symbol acceptable to NHTSA? It is our understanding that Lemmerz is the only wheel producer worldwide whose name begins with 'L'. We would appreciate an early response to our inquiry as there is an eight to ten week lead time plus transit on orders placed with Lemmerz.

Please advise.

Sincerely,

Dale R. Martin