Judge Rules Mahindra Roxor Infringes On Jeep, Fiat Chrysler Will Seek Stop-Sale

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Thread: Judge Rules Mahindra Roxor Infringes On Jeep, Fiat Chrysler Will Seek Stop-Sale

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    Judge Rules Mahindra Roxor Infringes On Jeep, Fiat Chrysler Will Seek Stop-Sale

    Bradley Brownell
    Wednesday 10:00pm

    The Detriot-built not for street use side-by-side called the Mahindra Roxor is a favorite around here because it delivers on the promise of an old-school back to basics off-road experience. It does that by cribbing most of itself from a Willys Civilian Jeep, though none of the Roxor’s dimensions are exactly Willys, and none of the parts are carry overs.

    It’s that visual similarity that rubs Fiat Chrysler the wrong way, and has caused the company to pursue a lawsuit for the last two years claiming the Roxor infringes on FCA’s distinctive Jeep vehicle trade dress. And by trade dress, they mean visual cues that make people identify a Jeep as a Jeep. Namely:

    (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 vertical 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 cutouts above a bottom portion of the side body panels

    Jeep is Trying to Kill The Mahindra Roxor [Updated]
    The new Mahindra Roxor seemed like the perfect off-road toy: side-by-side (SxS) four-wheeler…

    U.S. International Trade Commission Administrative Law Judge Cameron Elliot has sided with FCA on this issue, agreeing that the Roxor infringes upon those trade dress issues, according to a report from Carscoops. Upon ruling, the judge recommended the USITC grant FCA’s order to exclude the infringing vehicles and components from entry into the U.S. Further, he recommended a cease-and-desist order be granted preventing Mahindra from selling any more Roxors, including already-built models in dealer showrooms.

    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.

    How Mahindra Is Fighting FCA To Sell Its Jeep-Like Baby 4x4 in America
    Earlier this month, Fiat Chrysler filed a complaint with the International Trade Commission to stop …

    The USITCA still needs to confirm Judge Elliot’s findings with a 60-day review period. FCA says it believes both orders will be confirmed by March 13th, 2020, once the review period has ended.

    To make matters worse for Mahindra, Fiat Chrysler is bringing a separate infringement case against the Roxor in the U.S. District Court of Eastern Michigan. The trial, slated to begin in May of 2020, pits FCA against the Indian automaker again, this time “seeking an injunction to prohibit future sales of infringing vehicles, as well as disgorgement of Mahindra’s profits from the infringing Roxor.”

    Yikes.

    The Mahindra is wholesome and good off-road fun. This ruling is dumb and bad. That’s my take.
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    Re: Judge Rules Mahindra Roxor Infringes On Jeep, Fiat Chrysler Will Seek Stop-Sale

    To be honest I doubt there's a person alive who doesn't think it's a jeep when it is sitting by itself with nothing for a frame a reference in the way of size. I'm not sure why they thought they could get away with it, it's a blatant copy.
    Last edited by big swede; 11-30-2019 at 07:06 PM.

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    Re: Judge Rules Mahindra Roxor Infringes On Jeep, Fiat Chrysler Will Seek Stop-Sale

    This is absurd! Mahindra had a license since the 1940s. Their license was most recently renewed in 2009 I think. IP laws are a total joke.

    https://jalopnik.com/this-is-why-mah...eps-1823472625

    https://www.motor1.com/news/264078/m...design-debate/
    Last edited by Self Reliance; 11-30-2019 at 07:22 PM.
    26 + 6 = 1

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    Re: Judge Rules Mahindra Roxor Infringes On Jeep, Fiat Chrysler Will Seek Stop-Sale

    Quote Originally Posted by big swede View Post
    To be honest I doubt there's a person alive who doesn't think it's a jeep when it is sitting by itself with nothing for a frame a reference in the way of size. I'm not sure why they thought they could get away with it, it's a blatant copy.
    Years ago Willy's sold the drawings, rights and such to Mahindra back during WWII when there was overwhelming need for them so they could help the cause. From what I understand of it, this is where this thing gets its origin. They would have been fine probably if they wouldn't have tried to bring it back to the states as an ATV side X side and continued to market them in other parts of the world.

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    Re: Judge Rules Mahindra Roxor Infringes On Jeep, Fiat Chrysler Will Seek Stop-Sale

    Quote Originally Posted by Self Reliance View Post
    This is absurd! Mahindra had a license since the 1940s. Their license was most recently renewed in 2009 I think. IP laws are a total joke.
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    Re: Judge Rules Mahindra Roxor Infringes On Jeep, Fiat Chrysler Will Seek Stop-Sale

    I haven't seen one in person, but the body looks just like a Jeep CJ7, other than the grill opening. I have a Polaris Ranger XP900 that they are targeting the marketing of the Roxor at. The Roxor has got be more reliable than the Polaris, and the price is not much different. I'm tempted

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    Re: Judge Rules Mahindra Roxor Infringes On Jeep, Fiat Chrysler Will Seek Stop-Sale

    Quote Originally Posted by Self Reliance View Post
    This is absurd! Mahindra had a license since the 1940s. Their license was most recently renewed in 2009 I think. IP laws are a total joke.

    https://jalopnik.com/this-is-why-mah...eps-1823472625

    https://www.motor1.com/news/264078/m...design-debate/
    I am sure the license was limited - every license has stipulations. Apparently they broke the agreement they signed, nothing absurd about that.
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    If jeep did not porkify the Wrangler to near full size truck dimensions and price there would be no need for a Roxor .
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    Re: Judge Rules Mahindra Roxor Infringes On Jeep, Fiat Chrysler Will Seek Stop-Sale

    Quote Originally Posted by hiluxxulih View Post
    If jeep did not porkify the Wrangler to near full size truck dimensions and price there would be no need for a Roxor .
    The Roxor isn't street legal, and if it was, it would be bigger and more expensive........
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    Re: Judge Rules Mahindra Roxor Infringes On Jeep, Fiat Chrysler Will Seek Stop-Sale

    Quote Originally Posted by CJH View Post
    The Roxor isn't street legal, and if it was, it would be bigger and more expensive........
    Then there is the problem of certain municipalities allowing them as well as regular side by sides on city streets as long as they have lights, horns, seat belts, etc.

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    Re: Judge Rules Mahindra Roxor Infringes On Jeep, Fiat Chrysler Will Seek Stop-Sale

    There is a lot about this case that is unclear.
    There appears to be a lot of speculation about various agreements between FCA's predecessors and their supposed sale or license of rights to Mahindra to build Jeep vehicles. No one appears to have read one.
    I have written and or negotiated many vehicle license agreements. In every one the licensee (Mahindra) would have acknowledged the Licensor's (Willys, AMC, Chrysler, etc.) ownership rights to the vehicle design and there would have been a grant to manufacture and sell vehicles in specific countries. However, with all the changes in ownership of Jeep over the past 70 years it is possible that neither side was diligent in renewing license agreements. Any design patents have long since expired. This was more or less the case with LTV, Jeep, Chrysler and GM in the Hummer case. In any event Mahindra may feel they have an equitable right to manufacture and sell the Ruxor in the US.
    The ownership of Trademark rights, specifically "trade dress" are established on a national basis. Chrysler/ Daimler Chrysler and now FCA has gone to great lengths to establish exclusive ownership of the Jeep trade dress through registrations and other means in the US. They appear to have satisfied the ITC and will soon have its chance to extract damages in its case in the Federal Court for the Eastern District of Michigan. I suspect the case will not go to trial but will be effectively decided in a Summary Judgement motion which will determine whether the "likelihood of the merits" favor FCA. If so, then the parties will negotiate a settlement.
    We need to stay tuned.

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