Mahindra can now sell the newly designed Mahindra Roxor off-road utility vehicle as the International Trade Commission said that the new Roxor did not infringe the intellectual property rights of Fiat Chrysler Automobiles’ Jeep brand, six months after barring the sale of older models.
“The ITC said that having reviewed the record of the underlying violation investigation, as well as the record of the modification proceeding, including the parties’ comments and responses thereto, it has determined to modify the Limited Exclusion Orders and the Cease-and-Desist Orders in this matter to include an explicit exemption with respect to Mahindra’s Post-2020 Roxor vehicle. The ITC has adopted the findings of the Administrative Law Judge and affirmed the conclusion that the Post-2020 ROXOR vehicle does not infringe FCA’s asserted trade dress. With this order the modification proceeding was terminated,” states the note by the company.
Mahindra in a statement said that “The ruling validates Mahindra’s redesign of the highly popular Mahindra Roxor off-road vehicle. Mahindra is now permitted to manufacture and distribute the redesigned 2021 Roxor.”
FCA in a statement said that “While FCA is disappointed with the commission’s decision regarding the redesign, we believe we will be successful in appealing this decision”.
ITC in 2019 found that while the design of the Roxor did not violate any registered trademarks of FCA, it violated FCA’s trade dress. ITC prohibited the importing of Roxor parts and a cease-and-desist order prohibiting the sale of already imported Roxor parts.
Trade dress is the unique characteristics of a product that make a product stand apart and is generally identified with that product by the public. In this case, FCA sees the Jeep Wrangler’s boxy body shape, front grille, and round headlights as distinct to the brand.
The Mahindra Roxor is assembled in Auburn Hills, Detroit, Michigan.
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