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Presenter Notes

Note to presenter: This presentation is designed to provide guidance and information to Cummins® distributors, dealers and employees to help protect the Cummins® brand. You will find information about the impact of counterfeit activity on Cummins business and will learn what you can do to help combat the activity. Reference documents for Packaging Standards, Technical Analysis, Incident Report and a Glossary of Terms are included. (See tabs)

Thank you for allowing me to talk with you about the important role you play in protecting the value of the Cummins® brand. The goal of this guide is to provide:

■ Awareness of the inappropriate and fraudulent use of Cummins® name and the Cummins®

brand

■ Training on how to identify counterfeit products

■ Examples outlining the benefits of Genuine Cummins® products and the risks of counterfeit products

■ Guidance on how and where to report suspected counterfeit

Every™ Part. Genuine.Awareness Guide For Counterfeit Products

©2008 Cummins Inc. All Rights Reserved.

Presenter Notes

What are trademarks, service marks and brand names?

A trademark’s purpose is to identify and distinguish the origin or source of particular goods of a specific party. A trademark can be a word, a design, a symbol or a logo, and certain trademarks when properly used over time can even acquire fame.

Throughout this guide, you will see the registered trademark symbol used much more frequently than it would normally appear in marketing literature. The reason is that we want to point out the significance of the symbol in protecting and in identifying Genuine Cummins® products.

The Value Of The Cummins Brand■ Cummins® – the registered trademark symbol

■ Cummins® CELECT™ injector

The registered trademark and TM symbol are helpful in protecting and identifying Genuine Cummins® products. Counterfeit Cummins products should never carry the symbol.

Presenter Notes

Perceived quality is the overall perception of quality and image attributed to a product, independent of its physical features.

Years of marketing, image building, brand nurturing, quality manufacturing and dependable service has led customers to experience a high level of quality and dependability in Cummins® products.

®

The Value Of The Cummins® Brand

The Cummins® name signifies high quality, value and dependability. Customers know Cummins® is the brand they can depend on.

®

Presenter Notes

To put the cost into perspective, counterfeit goods are estimated to be a $500 billion (USD) per year industry – an amount equal to 7% of global trade. The negative impacts to society are significant. Remember, counterfeiters often utilize child labor, provide unsafe products, support organized crime and even fund terrorism. Besides being the 11th largest economy on earth, larger than the GDP of India or Korea, the counterfeit business is a dirty business that does enormous damage to companies and people.

Many companies, like Cummins, have found it difficult to quantify the impact of counterfeit goods.

If 1% of Cummins® business is lost to counterfeiters, the dollar cost in sales will exceed $100 million.

If customers and dealers lost confidence in Cummins to police and control the sale and distribution of their parts, billions of dollars would be lost to competitors.

Nearly 10,000 people, not including dealers and supporting organizations, could be out of a job due to the loss of parts sales. (Parts make up over 20% of sales; 20% of our workforce is 7,000 people.)

Why Fight Counterfeit?■ Counterfeit products take about $500 billion (USD) in revenue from global

companies each year – 1% of Cummins annual sales lost to counterfeit represents $28M*

■ Counterfeit activity can damage legitimate brand reputations and increase liability

■ Counterfeiters are often involved with organized crime

■ Legitimate brand owners demonstrate social responsibility:

– Pay taxes – Comply with labor and safety regulations – Engage in community and customer service

*Total annual global market potential per the parts consumption model = $2.8B

Presenter Notes

A counterfeit is something made in imitation of something else, with the intent to deceive.

Other related terms…

■ Counterfeiting – imitation of genuine brands with intent to defraud

■ Piracy – unauthorized reproduction or use of a copyright, patent or trademark; “act of robbery”

■ Refilling – act of reusing genuine packaging to distribute counterfeit goods

■ Simulation – imitation or false representation (sugar pill in the shape of pharmaceutical drug)

■ Diversion – purchase of genuine products in one market for resale in a market apart from the brand owner’s channel (gray market)

■ Tampering – interfere with a genuine product in a harmful manner (add a foreign substance)

■ Commingling – mixing counterfeit product with genuine product in the same distribution channel to avoid detection

■ Supply chain integrity – suppliers selling in the aftermarket

■ Warranty fraud – undetected counterfeit product failures replaced under warranty

What Is Counterfeit?■ Counterfeit is a kind of forgery – Something is copied so as to defraud by

passing it for the original or genuine article

■ Counterfeiting is punishable by fines, confiscation and prosecution

■ Counterfeit activity is illegal – Imitation – Piracy – Refilling – Simulation – Diversion – Tampering – Commingling – Etc.

Presenter Notes

There are two types of counterfeit:

■ Those that are obviously cheap fakes, like a $10 designer bag. Those do not fool anyone nor do they really attempt to, and most purchasers know what they are getting.

■ Those that appear to be genuine and are intended to deceive. Very few people willingly purchase, for their own use, counterfeit blood pressure medicine. Engine parts are clearly in this category. No one would risk damaging an expensive engine or generator by purchasing a counterfeit gasket or other imitation part. It is probably fair to conclude that most people who are deceived into purchasing counterfeit parts for Cummins® engines have unknowingly purchased the fake.

Two Types Of Counterfeit■ Obviously cheap fakes that do not fool anyone

■ Those that appear to be genuine and are intended to deceive

“Who do you think you are fooling?”

Presenter Notes

There are many ways counterfeit activity can cost Cummins and you money.

The problem is greater than just hard parts. Be on the lookout for illegal use of the Cummins name and logo.

Become familiar with Cummins brand standard guidelines(brandstandards.cummins.com) and follow them.

Seemingly harmless activities such as purchasing unauthorized promotional merchandise with the Cummins name or logo can weaken the Cummins® brand.

How Do Counterfeiters Operate?■ Counterfeit parts are non-genuine parts that

illegally make use of Cummins trademarks, copyrights and/or patents

■ Any unauthorized use of the Cummins name or the Cummins “C” (logo) on the package, part, web site, merchandise, promotional literature, etc., is considered counterfeiting

Presenter Notes

You can find counterfeit products for sale on street corners in major cities, at house parties, out of the trunks of cars or perhaps from behind the counter or “under the table” at legitimate stores. Beware of products that are not sold by authorized representatives.

There are many street vendors and shops where one can purchase counterfeit or knockoff Cummins products.

Remember, if it is counterfeit, it is a crime.

Sources Of Counterfeit Products

■ The Internet has dramatically changed how counterfeit products are sold and distributed. The Internet offers criminal enterprises a powerful medium where they can anonymously advertise their ability to manufacture, sell and distribute counterfeit products. End users of Cummins® products are tempted to buy through very legitimate-looking web sites that advertise their lower-priced counterfeit products

■ Industry trade shows are another excellent source used by counterfeit manufacturers to promote their illegal products

■ Counterfeit marketing teams also use direct sales, e-mail and telephone solicitation to promote their products

Presenter Notes

While we believe we must keep close watch in all areas, as counterfeit activity is a growing problem everywhere, it seems that counterfeiters do target specific markets.

■ Truck, bus and construction markets have the highest occurrence of counterfeit Cummins products

■ Counterfeit is most common in MidRange and Heavy-Duty engines

There is no special concentration of parts.

Our Research Shows…

■ Truck, bus and construction markets have the highest occurrence of counterfeit Cummins products

■ Counterfeit is most common in MidRange and Heavy-Duty engines

■ There is no special concentration of parts

■ Counterfeit parts are typically priced significantly lower than Cummins standard part prices

Presenter Notes

Look at the package. Cummins follows packaging standards (referenced in this guide and on the brand standards web site (brandstandards.cummins.com). The package should be sized to fit the part. A package that is seemingly much too large for the part is cause for concern. Has the package been opened? If so, check all parts to ensure there has been no commingling of Genuine Cummns® and counterfeit parts.

How To Spot Counterfeit Parts■ Look at the packaging – Color – Size – Logo – Printing/graphics – Labels – Has it been tampered with or opened

■ Look at the product – Material – Workmanship – Does it look like the original

■ Look at the price – Is the price significantly below market

Presenter Notes

Tell me what you see in this photo that does not look like Cummins packaging?

Expected response:

■ There is no Cummins® logo: The logo looks similar to the Cummins® logo turned backwards…Cummins is not written in the logo

■ The packaging does not contain the words “Genuine Parts”

■ Misspelled words or missing letters on the packaging

The International Anti-Counterfeiting Coalition offers consumers five tips to help avoid purchasing counterfeit goods. Watch for:

1. Labels that are blurred or torn.

2. Product names that are misspelled or altered.

3. Unannounced changes in product content, color, smell or packaging.

4. Missing codes, 800 consumer numbers or trademarks.

5. Products lacking the usual guarantees and/or licensing agreements.

Counterfeit Packaging – Easy To Spot

Presenter Notes

Tell me what you see in this photo that could cause you to question the authenticity of the parts?

Often the counterfeiters are very good at copying the exact packaging specifications. You may not be able to easily identify a counterfeit part simply by looking at the package or the specific part. (See the Packaging Standards section in this presentation.)

Your best defense is to purchase Cummins® products only through the authorized Cummins channel (distributors and dealers).

Look for the registered trademark symbol.

Look for the label placement according to Cummins specifications. As new packaging is released, look for new brand colors (no more blue). Currently, packages that meet the old standard are still in circulation.

Counterfeit Packaging – Difficult To Spot

Packaging Standards

Packaging Standards

Sta

ndard

s / Packagin

g / D

esig

n E

lem

ents / C

um

min

s Bra

nded

The brand design standards for Cum

mins packaging create a consistent look and feel for

corrugated and chipboard boxes, poly bags, envelopes, pallet cartons, corrugated backer boards, blister pack labels and part num

ber labels. Text such as “This End U

p” and “Do N

ot Stack” m

ay be added if necessary, but adding additional elem

ents such as taglines, Web addresses, etc., is

prohibited.

Leroy Shirk, M

anager, Cum

mins W

orldwide P

ackaging FE, is in charge of the creation of new

artw

ork, the choice of carton suppliers and the specific procedure to be followed w

hen initiating new

packaging.

Note: A

central arch

ive of dig

ital art for each p

ackage in

the C

um

min

s system is b

eing

created

, so art is not to b

e created reg

ionally as in

the p

ast. An

y carton art or p

rintin

g

created ou

tside of th

e app

roved p

rocess that d

oes not con

form to p

recise packag

ing

b

rand

stand

ards w

ill be red

one, an

d th

e costs absorb

ed b

y the p

arties involved

.

To order artwork or initiate new

packaging, refer to the “Order A

rtwork” section.

Represented below

are the graphics created for the majority of packages.

The basic design elements are:

1. Cum

mins

® log

o2. G

enuine Parts translatio

n in seven languag

es3. G

enuine Parts b

anner4. B

ox num

ber and

recyclable sym

bo

l (if app

licable)

5. Label p

lacement m

ark6. P

art numb

er label5

4

1

3

2

6

Sta

ndard

s /

Packagin

g /

Desi

gn E

lem

ents

/ R

eC

on

® P

art

s

To re

duce

the

amou

nt o

f box

num

bers

, add

ition

al c

arto

ns w

ill no

t be

prin

ted

for

ReC

on® p

arts

.

ReC

on® p

arts

are

to b

e id

entif

ied

by a

labe

l with

a b

lack

str

ipe

inst

ead

of re

d.Th

e bl

ack

strip

e is

rese

rved

for

use

on R

eCon

labe

ls o

nly.

Sta

ndard

s / Packagin

g / P

ackage Typ

e / C

orru

gate

d C

arto

ns

Corrugated cartons show

the Cum

mins

® logo and Genuine P

arts banner on the front and back panels. The front panel also show

s a corner mark to guide label placem

ent. The side panels show

the Cum

mins

® Genuine P

arts message in seven languages. The label placem

ent mark is located

in the upper-left corner of the front panel. Tops of boxes are to be free of graphics in most cases,

although on some boxes, such as “pizza style” boxes, the top m

ay be the only area large enough for the prim

ary graphic elements.

In the placement of graphic elem

ents, care has been taken to allow tape to continue onto the box

sides without covering graphics.

All corrugated cartons are brow

n with solid black graphics.

Sta

ndard

s /

Packagin

g /

Package T

ype /

Chip

board

Boxe

s

Chi

pboa

rd b

oxes

sho

w th

e C

umm

ins®

logo

and

Gen

uine

Par

ts b

anne

r on

the

front

and

bac

k pa

nels

. The

fron

t pan

el a

lso

show

s a

corn

er m

ark

to g

uide

labe

l pla

cem

ent.

Due

to th

e sm

all

size

of s

ome

boxe

s, th

e la

bel m

ay w

rap

arou

nd tw

o si

des.

The

sid

e pa

nels

sho

w th

e C

umm

ins®

G

enui

ne P

arts

mes

sage

in s

even

lang

uage

s. T

ops

of b

oxes

are

to b

e fre

e of

gra

phic

s in

mos

t ca

ses,

alth

ough

on

som

e bo

xes,

suc

h as

“pi

zza

styl

e” b

oxes

, the

top

may

be

the

only

are

a la

rge

enou

gh fo

r th

e pr

imar

y gr

aphi

c el

emen

ts.

All

chip

boar

d bo

xes

are

whi

te w

ith s

olid

bla

ck g

raph

ics.

Sta

ndard

s / Packagin

g / P

ackage Typ

e / P

oly B

ags

Poly bags show

the Cum

mins

® logo, Genuine P

arts banner and Genuine P

arts message in seven

languages. The graphics are black on a white printed panel, centered on a clear plastic bag. The

panel leaves enough room on the sides, top and bottom

to see the parts inside.

Labels may be attached to tags or to the back of the bag.

Refer to the “S

pecification Standards” for available sizes and package num

bers.

Sta

ndard

s /

Packagin

g /

Package T

ype /

Enve

lopes

Pap

er e

nvel

opes

for

part

s sh

ow th

e C

umm

ins®

logo

, Gen

uine

Par

ts b

anne

r an

d G

enui

ne P

arts

m

essa

ge in

sev

en la

ngua

ges.

The

gra

phic

s ar

e bl

ack

on a

bro

wn

enve

lope

.

Labe

ls m

ay b

e at

tach

ed to

tags

or

to th

e ba

ck o

f the

env

elop

e.

Ref

er to

the

“Spe

cific

atio

n S

tand

ards

” fo

r av

aila

ble

size

s an

d pa

ckag

e nu

mbe

rs.

Sta

ndard

s / Packagin

g / P

ackage Typ

e / C

orru

gate

d

Backer B

oard

s

Corrugated backer boards are available in a single uncut size or 40 in x 40 in (1 m

x 1 m). These

pads can be cut to various sizes and used as a backer for gaskets and other flat material to be

shrink-wrapped.

The repeat pattern shows the C

umm

ins® logo and G

enuine Parts banner. B

ecause of the need for a sm

all pattern, the Genuine P

arts message in seven languages is not included for reproduction

reasons.

Refer to the “S

pecification Standards” for the package num

ber.

Entire pad

Portion of pad

Sta

ndard

s /

Packagin

g /

Package T

ype /

Pre

-Pack L

abels

Sta

ndar

d pr

e-pa

ck la

bels

mea

sure

3 1

/4 in

x 2

in (8

3 m

m x

51

mm

).

Impr

inte

d ty

pe c

an v

ary

in s

ize,

but

sho

uld

follo

w th

e fo

rmat

sho

wn

in th

e sa

mpl

e be

low

with

the

part

num

ber

alw

ays

in th

e fir

st p

ositi

on in

a la

rger

siz

e an

d th

e de

scrip

tion

alw

ays

at th

e bo

ttom

of

the

labe

l. C

onsi

sten

t pla

cem

ent o

f the

se tw

o el

emen

ts m

akes

labe

l rea

ding

eas

ier.

Use

Hel

vetic

a N

eue

55 R

egul

ar, f

lush

left

in a

ll ca

ps fo

r th

e w

ords

“PA

RT

NU

MB

ER

,” “D

ES

CR

IPTI

ON

,” et

c., a

nd H

elve

tica

Neu

e 85

Hea

vy fo

r th

e ac

tual

par

t num

ber,

nam

e of

par

t, et

c.

Impr

ints

can

be

mad

e us

ing

Aria

l if H

elve

tica

is n

ot a

vaila

ble.

The

pre

prin

ted

red

strip

e re

pres

ents

ne

w p

arts

, whi

le th

e bl

ack

strip

e is

use

d on

ly fo

r R

eCon

® p

arts

.

If m

ore

room

is n

eede

d fo

r ad

ditio

nal i

nfor

mat

ion

or tr

ansl

atio

ns, u

se a

larg

er s

tand

ard

size

or

crea

te a

larg

er la

bel u

sing

the

sam

e de

sign

. If a

sec

ond

labe

l is

need

ed, i

t sho

uld

be p

rinte

d on

a

blan

k w

ithou

t the

str

ipe

and

logo

and

pla

ced

dire

ctly

und

er o

r to

the

right

of t

he fi

rst l

abel

.

Bla

nk p

repr

inte

d la

bel

Sam

ple

labe

l with

impr

int

Sta

ndard

s / Packagin

g / P

ackage Typ

e / K

it Labels

Standard labels m

easure 4 in x 6 1/2 in (102 mm

x 165 mm

) and are available in both verticaland horizontal form

ats. These labels are used for kits and packing cartons with m

ultiple parts.

Imprinted type can vary in size, but should follow

the format show

n in the samples below

with the

part number alw

ays in the first position in a larger size, and the description always at the bottom

of the label. Consistent placem

ent of these two elem

ents will m

ake label reading easier.

Use H

elvetica Neue 55 R

egular, flush left in all caps for the words “PA

RT N

UM

BE

R,”

“DE

SC

RIP

TION

,” etc., and Helvetica N

eue 85 Heavy for the actual part num

ber, name of part, etc.

The preprinted red stripe represents new parts, w

hile the black stripe is used onlyfor R

eCon

® parts.

Blank preprinted label

Bla

nk p

repr

inte

d la

bel

Sam

ple label with im

print

Sta

ndard

s /

Packagin

g /

Package T

ype /

Blist

er

Pack

Spe

cial

pac

kagi

ng, s

uch

as a

blis

ter

pack

, tha

t is

mor

e re

tail

in a

ppea

ranc

e ca

n be

cre

ated

as

need

ed.

Sim

ilarit

ies

to o

ther

Cum

min

s pa

ckag

es, s

uch

as ty

pest

yle,

pla

cing

the

logo

on

a re

d ba

ckgr

ound

in

the

uppe

r-rig

ht c

orne

r an

d pu

ttin

g em

phas

is o

n ea

sy-t

o-re

ad p

art n

umbe

rs a

nd d

escr

ipto

rs,

mus

t be

mai

ntai

ned

as m

uch

as p

ossi

ble

to c

reat

e a

look

com

patib

le w

ith o

ther

Cum

min

s pa

ckag

ing.

To o

rder

art

wor

k or

initi

ate

new

pac

kagi

ng, r

efer

to th

e “O

rder

Art

wor

k” s

ectio

n.

Sta

ndard

s / Packagin

g / Typ

e F

ont

Consistent use of type fonts is an im

portant part of maintaining a com

mon standard look for all

Cum

mins packaging. Listed below

are the specific type font standards for the elements illustrated

on the right.

The “Genuine C

umm

ins Parts” type is set in

Helvetica N

eue 95 Black, flush left. S

ubstituting other fonts is not perm

itted. This type is set in seven languages. R

efer to the “Translations” section for exam

ples of all language translations.

The “GE

NU

INE

PAR

TS” graphic is set in

Impact, all caps. This is the only perm

itteduse of this font on C

umm

ins packaging. S

ubstitute fonts and alterations to the proportions or letterspacing are not perm

itted.

The standard fonts for imprinted type on

labels are Helvetica N

eue 55 Regular and

Helvetica N

eue 85 Heavy.

Substitutions for the fonts are allow

ed, but only fonts that resem

ble Helvetica, such as A

rial or U

nivers, should be used.

Additional copy such as “TH

IS E

ND

UP

” is set in H

elvetica Neue 65 M

edium, all caps.

When placed in the center of a lid, the type is

centered. If used in a corner, the type is flush left. S

ubstituting other fonts is not permitted.

Sta

ndard

s /

Packagin

g /

Colo

r

With

sev

eral

hun

dred

diff

eren

t pac

kage

siz

es, t

he c

ost o

f mul

tiple

ink

colo

rs is

pro

hibi

tive

and

sinc

e re

d ca

n’t b

e us

ed to

prin

t the

Cum

min

s lo

go, b

lack

is th

e ap

prov

ed in

k co

lor

for

cart

ons,

chi

pboa

rd

boxe

s, p

oly

bags

and

env

elop

es.

The

mos

t cos

t-ef

fect

ive

pack

age

mat

eria

ls a

re b

row

n co

rrug

ated

and

whi

te c

hipb

oard

, whi

ch a

re

the

appr

oved

col

ors

for

cart

ons

and

boxe

s.

Red

is u

sed

on la

bels

for

new

par

ts a

nd b

lack

is u

sed

for

labe

ls o

n R

eCon

® p

arts

.

Onl

y br

own

or c

lear

box

tape

is a

ppro

ved

for

use.

Sta

ndard

s / Packagin

g / L

anguage Tra

nsla

tions

The message “G

enuine Cum

mins P

arts” appears on packaging in English, P

ortuguese, Germ

an, S

panish, French, Mandarin C

hinese and Arabic. The type m

ay be arranged in two or three

columns, if necessary, to fit different-shaped boxes and to avoid being covered by tape, but should

not be changed in any other way from

the example show

n below. This is an art elem

ent that must

not be recreated with different letterspacing or fonts.

The Genuine C

umm

ins® P

arts message should alw

ays be used unless there is insufficient room,

or unless the type is too small to be legible. R

emoving the C

umm

ins logo and Genuine C

umm

ins P

arts graphic is not permitted.

Sta

ndard

s /

Packagin

g /

Specif

icati

on S

tandard

s

Det

aile

d sp

ecifi

catio

ns fo

r m

ater

ials

, str

engt

h re

quire

men

ts, s

izes

, par

t num

bers

, prin

ting

requ

irem

ents

and

pro

cedu

res

for

all C

umm

ins

pack

agin

g ar

e co

ntai

ned

in th

e P

acka

ging

S

peci

ficat

ion

Sta

ndar

ds. C

onta

ct L

eroy

Shi

rk, M

anag

er, C

umm

ins

Wor

ldw

ide

Pac

kagi

ng F

E,

for

a co

py.

Ord

erin

g an

d co

ntac

t inf

orm

atio

n ar

e in

clud

ed.

Sta

ndard

s / Packagin

g / O

rderin

g A

rtwork

A central database for all C

umm

ins packaging artwork is being created to control costs, lim

it duplication of sizes and ensure that brand design standards and specifications are m

et.

Regional creation of artw

ork for packaging is no longer permitted.

Procedures are in place to sim

plify the process of creating and initiating the production of packaging and are contained in the P

ackaging Specification S

tandards. Contact Leroy S

hirk, M

anager, Cum

mins W

orldwide P

ackaging FE, for a copy.

Note: A

ny carton

art or prin

ting

created ou

tside of th

e app

roved p

rocess that d

oes not

conform

to precise p

ackagin

g b

rand

stand

ards w

ill be red

one, an

d th

e costs absorb

ed b

y th

e parties in

volved.

Competitive Analysis

Competitive Analysis

Presenter Notes

Cummins performed technical analysis on counterfeit parts gathered from the field. In general, the counterfeit parts were visually difficult to differentiate from Genuine. However, upon further investigation of the counterfeit parts, we found evidence of poor design and inferior manufacturing processes and materials. The parts failed to meet Cummins specifications.

The next few pages explain a few of the differences we identified. Refer to the “Technical Analysis” section of this guide for more detail.

Genuine Cummins® Counterfeit

Counterfeit Lift Pump VersusGenuine Cummins® Lift Pump

Presenter Notes

Cummins® pump springs have better coating – important for rust protection, especially when fuel is less than perfect. This is important for preventing stress damage.

Cummins uses Zn plating to protect the spring and extend the pump life.

Pump Springs■ Cummins® pump springs have better coating – important for rust

protection, especially when fuel is less than perfect. Also important for preventing stress damage.

Genuine Cummins® Counterfeit

Presenter Notes

■ Cummins® pump has a retainer for the shaft seal – the counterfeit pump does not. Cummins® pump with the retainer is a better, more robust design

■ The counterfeit part has some machining defects in the bottom that may promote stress and damage

■ Cummins® pump has locktide

■ Cummins® hand-primer rubber boot quality is better – more damage resistant. Boot prevents dirt from entering the pump

What Did Our Analysis Show?■ The Cummins® pump has a retainer for the shaft seal – the counterfeit

pump does not

The defect is most likely the result of poor machining technique and

promotes stress damage

Presenter Notes

■ Cummins® pump has a weep hole to indicate when the seal might need to be replaced. The counterfeit pump does not

■ Cummins® pump has a release valve. The counterfeit pump does not. The release valve prevents the pump from overpressurizing and oversupplying the fuel. If enabled, it prevents the piston from moving

Counterfeit Pump Does Not Have A Weep Hole

Cummins® pump has a weep hole to indicate when the seal might need

to be replaced

There is no similar feature on the counterfeit pump

Presenter Notes

■ Cummins® fittings are made of better-quality material

■ Cummins uses superior-quality materials for all seals. Counterfeit pumps use less suitable materials for seals. This will shorten the pump life and require premature repair/replacement

Why Buy Genuine Cummins® Products?■ Cummins® fittings are made of better-quality material

Cummins uses coated steel seals with long-lasting durability

Counterfeit seals are rubber and less suitable for this application, resulting in premature failure

Presenter Notes

■ Counterfeit pump piston bore cleanliness does not meet Cummins and industry standards outlined in ASTM/ISO and company documents

■ Counterfeit pump piston surface is rough

■ Cummins® pump has a shaft seal retainer to assure robustness of the pump assembly – counterfeit pump does not

Why Buy Genuine Cummins® Products?■ Counterfeit pump piston bore cleanliness does not meet Cummins and

industry standards outlined in ASTM/ISO and company documents

Cummins® piston has fine machining lines

Counterfeit surface is very rough and not acceptable

Presenter Notes

■ The counterfeit product does not meet acceptable standards for quality and precision of the cross drillings

Why Buy Genuine Cummins® Products?■ The counterfeit product does not meet acceptable standards for quality

and precision of the cross drillings

Does not meet Cummins standards

Presenter Notes

We performed a visual inspection of a counterfeit gasket kit to match the parts to our corresponding Genuine Cummins® parts. The counterfeit head gaskets were packaged with white cardboard and imprinted with the Cummins logo with text reading “FZ KANGMINGSI.”

DIMENSIONAL MEASUREMENT

■ Four gaskets with known part numbers were taken from the counterfeit gasket set and the thickness of the parts were measured to determine compliance to the Cummins print for each part

■ From the four gaskets examined, the following counterfeit parts had the TS-9001 print on the gasket material:

1. Rear cover gasket PN 3938159

2. Gear housing gasket PN 3938156

3. Oil pan gasket PN 3959052

■ The approved Cummins material for these gaskets according to CES 24210, which covers an aramid fiber blend and neoprene binder, is the MP-15 material supplied by Armstrong. This material replaced the TS-9001 material previously used because of its expected benefits for sealability, rigidity and material strength

■ The filter head gasket PN 3929792 had two approved compounds (RCM5317 and VP-1012-SF) according to CES 24196 which covers a chemically blown, closed microcellular, nitrile foam rubber which is bonded on both sides of an SAE 10101 steel core

■ The gaskets were sent to the Cummins gasket supplier to determine authenticity of the TS-9001 imprint on three of the counterfeit parts. According to the gasket supplier representative, “The parts are not dimensionally accurate and would be rejected in our system. The material is Iangpeng TS-9001”

■ Based on the gaskets not meeting the thickness requirements of the print, better sealing, rigidity and material strength of the Cummins MP-15 material, we expect the counterfeit parts may not perform as well as Genuine Cummins® Parts

Counterfeit Gasket Set

What Did The Analysis Show?■ Gaskets are not dimensionally accurate and would be rejected

by Cummins

Presenter Notes

■ Counterfeit bushing is not round and has tri-lobeness. This means that the real diameter would have greater variation

■ In fact, roundness variation exceeds Genuine Cummins® by more than 2 times. This leads to improper fit and potential damage to the bushing

What Did The Analysis Show?■ The counterfeit bushing is not round and has tri-lobness

■ Roundness variation exceeds Genuine Cummins® by more than 2 times

■ This leads to improper fit and potential damage to the bushing

Presenter Notes

Conterfeit Defects

■ Significant de-bond was observed in the top view of the counterfeit parts under ultrasonic C-scan test

■ Known defects, consisting of slots, were drilled between the piston and the insert. These known defects are set at 90% screen height or FSD (full-scale deflection), producing a red color

■ Sharp bowl edge – will reduce strength and promote piston cracking

■ No profile observed on the second ring land – will increase oil consumption

■ Pin bore does not have a profile – increased chance for the pin bore cracking

What Did The Analysis Show?■ Alfin bond in Cummins® pistons was uniform and linear without porosity in

surrounding regions

■ The counterfeit parts showed bumpy structure of the alfin bond and some non-uniformity and shrinkage porosity in surrounding regions, which lowers the integrity and strength of the bond with the Ni-Resist ring carrier

CounterfeitGenuine Cummins

Detailed Competitive Analysis

Detailed Competitive Analysis

Counterfeit Piston Rings Versus Genuine Cummins® Piston Rings

Counterfeit Genuine

Top Ring■ Coating SEM analysis – Chrome coating is not satisfactory on counterfeit part; it is not uniform

■ Microstructure analysis – Coating is very thin at 0° and thick on the angle profile. Angle profile

itself does not meet the design requirements on the counterfeit part■ Micro hardness analysis – Cummins® Genuine has a tempered martensite matrix vs. ferrite-pearlite

matrix on the counterfeit part

Top Ring■ Summary of performance differences – Counterfeit part is structurally weaker which may lead to possible

breakage – Coating that is not satisfactory in structure and the deposited amount

may lead to premature wear and increased oil consumption and additional emissions, due to the counterfeit part

– Dimensional non-compliance may cause engine with counterfeit compression ring to consume more oil

Second Rings■ Hardness – Genuine Cummins® part is at least twice as hard as the counterfeit part

(which does not meet specification requirements)

Counterfeit Genuine

Second Rings■ Microstructure – Cummins utilizes Type E graphite vs. Type A or Type V graphite found

in counterfeit parts. Cummins has a matrix of tempered martensite as required per specification. Counterfeit parts have ferrite and pearlite matrix with network of steadite

■ Significance – Counterfeit parts matrix with steadite network makes the rings prone to

cracking due to brittleness of the structure

Second Rings■ SEM analysis of coating – Cummins® rings are phosphated per specification. The counterfeit part

does not have a coating. Phosphate retains oil and improves durability of the ring. Thus, the counterfeit part will have a higher rate of wear and increased oil consumption and a higher level of emissions

■ Chemistry – The counterfeit part has high carbon, low silicon and high phosphorous

and copper content. This makes the counterfeit ring brittle and weaker

Second Rings■ Summary – The counterfeit second ring is more brittle and has less strength than

required for the application. Premature failure is likely – The counterfeit ring does not have the required coating. This results in

premature wear and increased oil consumption

Oil Ring■ Hardness – Cummins® ring has higher hardness and less hardness variation

Oil Ring■ SEM analysis and coating – Genuine Cummins® ring is coated with Cr on the OD and phosphate on

the sides. The counterfeit ring is not■ Significance – Cr coating improves durability and increases ring life. Phosphate coating

improves durability by reducing damage during breaking period

Oil Ring■ Summary – Counterfeit rings demonstrate lower strength, inferior material properties

and lack of required coatings – Counterfeit rings demonstrate premature breakage, high wear, and

higher oil consumption with an increase in emission of particulates and HC

Genuine Cummins® Counterfeit

Counterfeit Cam Bushing Versus Genuine Cummins® Cam Bushing

Dimensional Review■ The counterfeit bushing is not round

and demonstrates trilobness■ Actual diameter contains greater

variation. Roundness variation exceeds Genuine Cummins® by two times

■ Flaws within the counterfeit part will lead to improper fit and potential damage to the bushing

Dimensional Review■ Some dimensions on the counterfeit part vary from the Genuine

Cummins® spec by as much as 0.3 mm. This may result in improper installation, improper oil lubrication, bushing spinning and component damage

Manufacturing Practices

Large burrs left at the drill holes will be detached and may lead to scuffing or seizures

Cam Bushing Macro Analysis■ Note the difference in the clinch joint design and the poor manufacturing

of the counterfeit drill holes. Cummins has proven and validated design for superior performance and long life

Genuine Cummins® Counterfeit

Cam Bushing Macro Analysis■ Note the difference in the component part number stamp and the date

code. Counterfeit date code indicates manufacture in 2008

Genuine Cummins® Counterfeit

Cam Bushing Microstructure Analysis■ Genuine Cummins®

– Thicker bearing layer than the counterfeit – Thinner bearing layer may lead to premature wear and failure■ The Cummins® bearing is softer than the counterfeit. A softer bearing

allows particles to be embedded in the bearing without damaging the part. A harder bearing may result in damage and potential seizure. The Cummins® part has better seizure and emergency lubrication performance

■ Hardness data is consistent with chemical analysis; material in the counterfeit part is a strong brass instead of a soft bronze leading to premature failure

Genuine Cummins® Counterfeit

Conclusions■ Poor manufacturing practices (burrs) lead to potential seizure and damage

to the bushing and other components■ Cummins® lock design is proven and validated for best performance and fit.

The counterfeit lock design is not as robust ■ Chemical composition of the counterfeit part will result in premature failure

due to low lead content■ The counterfeit part will not last as long due to a thinner bearing layer ■ The counterfeit part marking is incorrect, which could lead to misapplication

or wrong installation

Key Points For Customers

Key Points For Customers

Presenter Notes

■ Trust only the Genuine Cummins® product – A counterfeit product can prove to be dangerous when installed in your engine. Every

Cummins® product is carefully designed to meet or exceed the original equipment manufacturer’s (OEM) performance requirements, thereby protecting the equipment

■ Purchase all your Cummins® products from authorized distributors and dealers– Minimize the risk of customers expecting warranty coverage on non-genuine parts

■ A counterfeit product may be a poor-quality product– Cummins® products are made of the highest-quality materials and manufactured

under the strictest quality standards. If the product you are using appears to lack this quality, you may have purchased a counterfeit product without knowing it

■ Check the warranty! – Cummins offers the best product warranty coverage

in the industry and is proof that you have purchased a quality Cummins® product. Be sure to verify that the warranty provided with your product is an authentic Cummins warranty for that product. If it is not authentic, beware – you are not buying a Genuine Cummins® product!

Protect Yourself And Your Customer ■ Purchase all your Cummins® products from authorized

distributors and dealers

■ Trust only Genuine Cummins® Parts

■ Cummins® products are made of the highest-quality materials and are manufactured under the strictest quality standards

■ Best product warranty coverage in the industry

Presenter Notes

Teach customers that their best deals come from an authorized distributor/dealer

■ Refer to cummins.com distributor/dealer locator

■ Call your nearest authorized Cummins® distributor and inquire

■ Look for proper signage or accreditation plaque

■ Review posted training certificates

■ Ensure parts are packaged according to Cummins packaging standards

If price is “too good to be true,” it is probably counterfeit or will-fit

Inform Customers To Use cummins.com To Find The Nearest Authorized Parts Location

Use Cummins service locator to ensure that you purchase parts from authorized representatives worldwide

cummins.com

Presenter Notes

To stay up-to-date on where Genuine Cummins® products are made, visit us on the Web at cummins.com. Cummins has manufacturing locations in many areas around the world. Check the annual meeting minutes for the latest in worldwide locations.

Where Are Genuine Cummins® Products Made

For a list of Cummins locations, visit our web site cummins.com. Select “About Cummins,” choose “Annual Meeting Minutes” and select the annual report. It contains a list of worldwide locations.

Click here

Presenter Notes

Report suspected counterfeit activity.

■ Cummins has developed a “Suspected Counterfeit Incident Report” which is found in this presentation

■ Report counterfeit activity…even if it seems to be a small issue, such as unauthorized use of the Cummins® logo in advertising

For more information, contact: J. Bruce Schelkopf, Chief Counsel, Global Intellectual

Property • 317-610-2462 • [email protected]

Help Stop Counterfeit Activity Report suspected counterfeit activity: ■ Complete the Suspected Counterfeit Incident Report (see document in the

“Incident Report” section)

■ Report suspected counterfeit activity to:– Your manager– The parts marketing leader at your local Cummins® distributor– Your Cummins® regional parts marketing representative– Local law enforcement officer

Never personally confront a suspected counterfeit dealer.

For more information, contact: J. Bruce Schelkopf, Chief Counsel, Global Intellectual Property • 317-610-2462 • [email protected]

Presenter Notes

The impact of counterfeit activity on our business is sufficient to warrant putting processes in place to mitigate counterfeit sales

■ Risks to Cummins– Lost sales and market share • Theft and abuse of Cummins intellectual property– Damage to our brand and reputation– Potential liability for cost of coverage or personal injury

■ Risks to our customers– Poor quality and durability of parts leading to: • Higher operating costs (fuel and oil consumption) • Increased downtime • Excessive repair costs due to potential progressive damage to your engine and

equipment– Potential safety hazards

What Is The Payback?

■ Gain business (reduce lost sales)

■ Reduce risk of product liability

■ Differentiate our brand (dependability)

■ Reduce costs (warranty)

■ Manage the supply chain and distribution channel

■ Social responsibility

Presenter Notes

We encourage you to learn as much about combating counterfeit activity as you can. Here is a list of industry and trade associations active in the fight against counterfeiting. You can find more information on their web sites. (Type the association’s name in the Web search engine of your preference to easily locate their web site.)

Industry And Trade Associations

■ CACP – Coalition Against Counterfeit and Piracy

■ Brand Protection Council – Automotive Aftermarket Suppliers Association

■ United States International Trade Commission

■ U.S. Embassy – Beijing, China

■ stopfakes.gov web site

■ U.S. Copyright Office

■ United States Patent and Trademark Office

■ U.S. Customs and Border Protection

■ International Trademark Association

■ United States Department of Justice

■ IACC – International Anti-Counterfeiting Coalition

■ QBPC – Quality Brand Protection Committee

Presenter Notes

Cummins has invested millions of dollars in designing, developing and testing the best products to support our customers. Cummins intellectual property represents an asset of our company and it is important that we protect our intellectual property from unauthorized use.

Cummins has worked for over 88 years to establish a brand that equals “Dependability.” We have invested in the best technology, manufacturing processes and people to help us build a strong brand.

Time & Investment

RevenueCounterfeitersTHEFT

Genuine Brands

■ Build trust and respect

■ Define customer needs and objectives

■ Develop the right products to address needs

■ Provide value

Cummins has invested millions of dollars in designing, developing and testing the best products to support our customers. Cummins intellectual property represents an asset of our company, and it is important that we protect our intellectual property from unauthorized use.

Time & Investment

RevenueCounterfeitersTHEFT

Legal Copies

Legal Copies

Presenter Notes

Many companies use reverse engineering processes to “copy” genuine brand products. However, if there is no attempt to represent the copied product as a genuine brand, then there is no illegal activity.

Legal reproductions often bear the manufacturer’s name.

Cummins has many “will-fit” competitors that claim their products work in Cummins® engines. Our experience is that will-fit products, while legal, usually do not meet Cummins specifications and do not perform as well or carry the same warranty as Genuine Cummins® Parts.

What Is Not Counterfeit?

Not all copies are counterfeit. Many companies produce legal copies and replicas of products.

Presenter Notes

Will-fit products are aftermarket products sold as items that can be used in place of the original. There is no intent to defraud consumers by giving the perception that the products are genuine.

The activity is legitimate. Many times, companies which specialize in the production of will-fit products also strive to build a strong brand identity for the will-fit product. They can even be victims of counterfeit activity themselves.

Will-Fit Injector

Comparing Counterfeit And Will-Fit■ Will-fit is competition by legitimate companies

■ Will-fit competition provides parts that are non-genuine, yet fit Cummins® engines

■ They are sold legally – There is no violation of Cummins

name, trademarks, logos or patents – Cummins cannot take legal action

against will-fit parts that do not violate Cummins trademarks, copyrights and/or patents

Cummins® CELECT™ Injector

Presenter Notes

Do not confuse will-fit with counterfeit. While it is important to understand the competition and to counter their activity to retain market share, Cummins cannot take legal action to protect our markets against the forces of legitimate competition.

Cummins can and will take legal action against counterfeit activity.

Know The Difference

■ Will-fit products are produced by legitimate companies

■ These companies exercise the right of fair competition

■ Cummins competes by providing superior value – The manufacturing processes for Genuine

Cummins® Parts are carefully controlled to ensure that each part is produced to exacting specifications – no one else can do this

Glossary

Glossary

Glossary Of Terms Counterfeit: Counterfeit parts are non-Genuine parts that illegally make use of Cummins trademarks, copyrights and/or patents. Examples of counterfeit parts would include:

1. A non-Genuine part with a Cummins® logo or name being used on the part or the packaging. 2. A non-Genuine part being sold with the intention of imitating a Genuine Cummins® Part,

without Cummins authorization (again, including the use of Cummins name or trademark).

Will-Fit: Will-fit competition is different from counterfeit competition:

1. Will-fit parts are non-Genuine parts that are sold legally. There is no violation of Cummins name, trademarks or patents.

2. Will-fit aftermarket competitors typically use reverse engineering methods to manufacture parts that fit into Cummins® engines.

Copyright: A protected work of authorship, such as writings, music and works of art that have been tangibly expressed. Failure to clearly identify in a statement that a work is copyrighted could result in loss of copyright protection for the entire work.

Glossary Of Terms Diversion: Suppliers are contractually obligated to supply parts (usually with a trademark). Diversion takes place when a supplier overproduces and sells OEM non-conforming product directly or indirectly into the aftermarket. The irony is that the trademark holder then ends up competing against their own product made from their engineering and tooling.

Gray Market: When legitimate product is discounted for sales considerations in a particular geographic region but sold contrary to that purpose. Gray market trade causes unfair competition between sales regions and hard feelings between regional sales personnel and customers.

Intellectual Property: Creations of the mind – creative works or ideas embodied in a form that can be shared or can enable others to recreate, emulate or manufacture them. The most common ways to protect intellectual property include patents, trademarks, copyrights and trade secrets.

U.S. Patent: A property right granted by the U.S. government to an inventor to “exclude others from making, using, offering for sale or selling the invention throughout the United States or importing the invention into the U.S.” for a limited time in exchange for public disclosure of the invention when the patent is granted.

Glossary Of Terms Patent Infringement: Unauthorized making, using, offering to sell, selling or importing into the United States any patented invention.

Trade Secret: Information that companies keep secret to give them an advantage over their competitors.

Trademark: Words, names, symbols, sounds or colors that distinguish goods and services from those manufactured or sold by others and used to indicate the source of the goods. Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce.

Some of these definitions are from the U.S. Patent and Trademark Office Online Glossary: www.uspto.gov/main/glossary/index.html

Incident Report

Incident Report

Attorney/C

lient Privileged D

ocument

Internal Cum

mins U

se Only

Cum

mins C

onfidential

Suspect Counterfeit/Tradem

ark Infringement

Incident Report

The purpose of this form

is to internally collect and report information to the C

umm

ins Intellectual Property G

roup regarding possible counterfeiting or tradem

ark infringement of brands, m

arks or products of Cum

mins. T

his report is being prepared by you for legal investigation by C

umm

ins Counsel – IP

and is an attorney/client privileged document. P

lease provide as m

uch detailed information as possible regarding a specific or suspected problem

. This inform

ation will assist in

expediting the process in response to the problem. W

here information is not com

pletely available, please also identify areas w

here assistance is needed to further determine m

issing data. The use of photos or Pow

erPoint charts to further describe the problem

is encouraged.

Please return this questionnaire and address all questions to:

Cum

mins Inc.

Attn: J. B

ruce SchelkopfC

hief Counsel, G

lobal Intellectual Property

One A

merican Square, Suite 1800

Indianapolis, IN 46282

E-M

ail: j.bruce.schelkopf@cum

mins.com

Tel: 317-610-2462Fax: 317-610-2526D

ate:

Reported by:

Nam

e:T

itle:A

ddress:C

ity/St/Ctry:

Telephone:Fax:E

-Mail:

Nam

e:T

itle:A

ddress:C

ity/St/Ctry:

Telephone:Fax:E

-Mail:

1. D

escribe the problem in detail (is it a counterfeit or tradem

ark infringement problem

, when and how

did you first becom

e aware of the problem

, what m

ark/region is the problem in, w

hat brand or product is at risk, what are the

trademark elem

ents infringed (i.e., are there any similarities betw

een the suspected product and the genuine product in term

s of logos, packaging layout, color scheme, etc.), how

long has this been taking place, etc.?).[Insert response.]

2. P

referably provide four samples of the counterfeit/infringed product w

ith packaging and receipt of purchase. If the m

aterial is electronic, provide an original electronic document from

the source if available. Indicate who purchased

the samples and w

here (include name and address w

here the counterfeit/infringed goods were purchased if different

from receipt).

[Insert response.]

3. P

referably provide four samples of the genuine product w

ith packaging from the sam

e market.

[Insert response.]

4. D

escribe the suspected distribution chain of the suspect products. Include contact information of suspected or

known vendors, distributors, w

arehouses, and manufacturers.

[Insert response.]

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ou fe

el is

rel

evan

t to

this

pro

blem

.[I

nser

t res

pons

e.]

Tha

nk y

ou v

ery

muc

h fo

r ta

king

the

tim

e to

com

plet

e th

is r

epor

t. W

e ce

rtai

nly

appr

ecia

te y

our

tim

e an

d ef

fort

gat

heri

ng a

nd

repo

rtin

g al

l of t

he r

eque

sted

info

rmat

ion.

Thi

s da

ta is

nec

essa

ry fo

r us

to u

nder

stan

d th

e is

sue

and

it w

ill h

elp

in d

evel

opin

g an

app

ropr

iate

str

ateg

y to

add

ress

the

iden

tifi

ed is

sue.