Interpretation ID: aiam3558
Esq.
Secretary and Counsel
Motor Wheel Corporation
Lansing
MI 48909;
Dear Mr. Martin: 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 S 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, Frank Berndt, Chief Counsel