Coalition Letter to Berman

The Honorable Howard L. Berman
United States House of Representatives
Chairman, Committee on the Judiciary, Subcommittee on Courts, the Internet and Intellectual
Property
Room 2138
Rayburn House Office Building
Washington, D.C. 20515

Subject: Designs Protection Hearing, Thursday, February 14, 2008

Dear Mr. Chairman:

The undersigned associations, coalitions and businesses fully support inclusion of an automotive
“repair clause” in United States design patent law, so that the manufacturer and sale of alternative
crash parts for the purpose of repairing an automobile is not considered an act of infringement. As a
broad group of organizations representing the interests of American consumers, the independent
automotive parts industry, the auto repair industry and the insurance industry, we commend your
recognition of the importance of this issue as evidenced by the upcoming hearing.

A “repair clause” will ensure freedom of consumer choice and the continued availability of
affordable auto body parts simply by maintaining business as usual. On the other hand, a monopoly
on replacement parts threatens the future vitality of an entire industry and many thousands of
American jobs.

Competition in the auto repair marketplace saves American consumers over $1.5 billion per year.
The car company replacement collision parts your constituents typically need to repair their vehicles
after a crash – bumpers, fenders, tail-lights and grilles – cost an average of 8 percent less when a
quality alternative replacement part is available, and those alternative parts are approximately 25
percent less than equivalent parts manufactured by the big car companies.

However, as the number of design patents obtained by the big car companies for crash parts
skyrockets, so will the price of those parts if they continue to enforce their patents against
alternative suppliers of crash parts. Further, without a repair clause, the largest influencer in the
decision to use aftermarket parts – the insurance industry – estimates the rise in costs and “total
losses” could require $1 billion or more each year to be passed on to consumers in the form of
higher insurance premiums.

For more than 50 years, American consumers have had a choice when repairing a damaged vehicle.
A repair clause will maintain this much-needed balance.

Your constituents will applaud your commitment to ensuring access to high-quality, low-cost
replacement collision parts in the unfortunate event that they find themselves in a crash or fender
bender.

Thank you for consideration in this matter.

A&A Bumper & Fender Ltd.
AAACT (Automotive Aftermarket
Association of the Carolinas & Tennessee,
Inc.)
AAAS (Automotive Aftermarket
Association Southeast)
AAIA (Automotive Aftermarket Industry
Association)
ABPA (Automotive Body Parts Association)
Across America Collision Parts
Action Crash Parts
Advantage Crash Parts
AIA (American Insurance Association)
ASAAA (Alliance of State Automotive
Aftermarket Associations)
At Pac Auto Parts, Inc.
Atlas Auto Body Parts
Auto Parts Industrial
Auto-Tech Plastics
AutoZone
Best Bumper & Parts
Best Fit
CABA (Chesapeake Automotive Business
Association)
CARE (The Coalition for Auto Repair
Equality)
CAWA (California/Nevada/Arizona
Automotive Wholesalers Association)
CHS Industries/Port City Bumper
Collins Collision Products
Collision Parts Network
Continental Auto Parts
Cornerstone Automotive
Cross Canada
D.A.R. Collision Parts D-G Custom Chrome

Eco Automotive Distributors
Empire Auto Parts
FAIA (Florida Automotive Industries
Association)
Felder’s Collision Parts
Fond du Lac Bumper Exchange
G&A Bumper Service
Genera/TYC
GP Automotive Parts, LLC
Jerry’s Bumper Sales
K.C. Auto Panel
K.S.I. Trading Corp.
Key Parts Inc.
Keystone Automotive
LKQ Corporation
Maximum Auto Industry
Micro Rim/Micro Platers
NAMIC (National Association of Mutual
Insurance Companies)
National Autobody Warehouse
OVAAA (Ohio Valley Automotive
Aftermarket Association)
Premier Flexipac
Property Casualty Insurers Association of
America
QPC (Quality Parts Coalition)
RetireSafe
Richmond Bumper
Roberts Wholesale Body Parts
Salt Lake Chrome Plating
San Jose Trading Company
Superior Collision Part