Mahindra Loses Legal Battle For Its Roxor In The US
Mahindra has lost the legal battle with Fiat Chrysler Automobiles (FCA) for infringement of the dress trade of Jeep in America. Roxor is one of the popular 4x4 offering from Mahindra and FCA claims that it is identical to some dress trades of Jeep. Trade dress implies visual cues that are brand and product identity. There are six areas where Roxor resembles a Jeep design.
(i) A boxy body shape with flat appearing vertical side and rear body panels ending at about the same height as the hood
(ii) Substantially flat hood with curved side edges that tapers to be narrower at the front
(iii) Trapezoidal front wheel wells with front fenders or fender flares that extend beyond the front of the grille
(iv) Flat appearing grille with vertically elongated grille slots and a trapezoidal outline that curves around round headlamps positioned on the upper part of the grille
(v) Exterior hood latches
(vi) Door cut-outs above a bottom portion of the side body panels.
The fight over the similarity of design now comes close to two years and FCA (Jeep parent company) seems to be winning as a judge with the United States International Trade Commission (USITC) has agreed on the claim that the Mahindra Roxor infringes on Jeep's trade dress.
When deposed, Mahindra Automotive North America CEO and President Rick Haas agreed that the Roxor “has the appearance of a CJ”. Admitting that “The CJ is a Jeep brand vehicle.” Welp, case closed, then.
"FCA US is pleased that an Administrative Law Judge... has found that the Mahindra Roxor vehicle infringes the iconic trade dress of the Jeep brand," the automaker said in a statement to Carscoops. "FCA US believes the evidence and relevant law all strongly support the ALJ’s determination that Mahindra has engaged in unfair trade practices, and that Mahindra’s infringement was harming or likely to harm the Jeep brand and FCA US."
The judge also went on to recommend that USITC should grant FCA a limited exclusion order that concealments the Roxor and its components and cease and desist order for Mahindra Roxor. It means Mahindra will not be able to sell its Roxor in the US anymore.
The order is an initial determination by Judge so, FCA will await the official cease and desist order to be issued by March 13th, 2020 following the exclusion order which will be enforced after 60 days presidential review period.
