Claiming that ROXOR is a “nearly identical copy” of Fiat/Chrysler’s Jeep, particularly the “boxy body shape with flat-appearing vertical sides and rear body ending at about the same height as the hood,” FCAI took Mahindra Automotive to court. On Friday, the International Trade Commission upheld, with modifications, a judge’s finding that Mahindra’s off-road vehicle is a copy of the Jeep.
Trade Judge Cameron Elliot in November found that the ROXOR would infringe the trade dress of the Jeep as defined by six specific design elements, but not the registered trademarks for the Jeep’s front grille. He recommended that the commission block imports of the ROXOR kits and components, saying Mahindra is purposefully trying to evoke the Jeep image, which would erode the value of the Wrangler.
Both sides asked the commission to review the portion of the decision they lost.Mahindra said in a statement on Friday that the vehicle subject to the ITC action is no longer in production and the 2020 design was refreshed.
"The company and Mahindra Automotive North America... remain resolute in its position that the ROXOR does not dilute or violate Jeep's trade dress," says Mahindra’s official statement, adding it was weighing options with respect to an appeal during the review period or in federal appeals court.
FCAI said in a statement it was pleased with the decision and that the Italian-American automaker reserved further comment while it studied the ruling. Never mind the fact that Mahindra has produced essentially the same boxlike vehicle for more than 70 years going back to WWII?
In a filing with the commission, Mahindra said its new models aren’t in violation, and that Fiat Chrysler is trying to grab “a practical monopoly over the import and sale of components used in any boxy, open-topped, military-style vehicle.”
“The Trump administration can veto the ban on public policy grounds, though that rarely happens, and Mahindra pledged to appeal,” according to Bloomberg. The case is In the Matter of Certain Motorized Vehicles and Components Thereof, 337-1132, U.S. International Trade Commission (Washington).