Judge rules Mahindra Roxor similar to Jeep, violates Fiat Chrysler's Jeep trade
The United States International Trade Commission (US ITC) Judge says the Mahindra Roxor off-road vehicle looks similar to the Fiat Chrysler's Jeep brand and recommends the Indian manufacturer to cease sales of its off-road vehicle. The Roxor's design infringes Jeep's Trade Dress in six key areas. Trade dress is a form of intellectual property that identifies the look of a product and distinguishes it from its competitors. Given the resemblance of the Roxor to the Jeep's Trade Dress,
FCA highlighted the six similarities of the Roxor to the Jeep models:
1. The Roxor's body shape with flat vertical sides.
2. Rear body panels the door-cut outs run above the rocker panel.
3. Exterior hood latches.
4. The flat and round-edged hood that tapers towards the front.
5. The 4.5-slot grille.
6. Trapezoidal flared fenders that extend past the grille.
Left- 4-door Jeep . Right Mahindra Roxor
FCA has further filed counterclaim before the Eastern District Court of Michigan for permanently ceasing the sales of Roxor in the states, as well as disgorgement of any profits made by the Mahindra from sales of the off-roader.
On the US ITC order, the company said "the Administrative Law Judge (ALJ) has, in his initial determination, found that while the design of the Roxor vehicle does not violate any of FCA's registered trademarks, it violated FCA's trade dress and recommended an exclusion order prohibiting the importation of Roxor parts and a cease-and-desist order prohibiting sale of any already imported Roxor parts."
Left - Mahindra Roxor. Right Jeep.
"If FCA succeeds in getting a permanent injunction, then Mahindra Automotive North America, a subsidiary of the company, will no longer be able to sell Roxors in the US," stated Mahindra in a regulatory filing. The firm, however, said the initial determination made by the Administrative Law Judge of the ITC is a non-binding recommendation to the ITC and the company has asked the same to be reviewed. "...until this case, FCA had never defined what it believes to be the 'Jeep Trade Dress' or identified it as a business asset in any filings (bankruptcy or otherwise)."
The spokesperson further said, "Ultimately, the ALJ's opinion is only a recommendation, and we have asked the entire ITC to review it"
Source - ETAuto
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