FTC: Made In The USA Comments Concerning Peter E. Rosden--P894219 1505 London Road Law Offices of Telephone (804) 971-3662 June 5, 1997 Made in USA Policy Comment Dear Sir/Madam: In reviewing the proposed Guide covering the use of Made in USA claims, I noticed that the Guide nowhere deals with the issue of the intellectual property content of a product. This is a matter of increasing concern to consumers, manufacturers and intellectual property owners. For example, if a DVD (digital versatile disk) used in a computer is physically manufactured in the United States with physical parts solely of U.S. origin and is embedded with software developed in another country, is it misleading to claim that the resulting DVD is "Made in the U.S.A."? The retail market value of the DVD rests almost completely in the embedded software. The proposed guide, however, would appear to endorse as proper the use of a Made in U.S.A. claim. However, it is not only difficult to ascertain the value of intellectual property but determining what portion of that value should be assigned to a particular product is even more complex. I would suggest that the final Guide at least recognize the existence and importance of this issue while perhaps reserving its resolution in the context of Made in USA claims for future review. Sincerely, Peter E. RosdenPeter E. Rosden |