Mahindra thinks it’s worth a couple thousand US units of their Roxor to sully a decades-old relationship and it’s likely they’ll get their way.
Three months ago, Fiat Chrysler Automobiles filed a complaint with the International Trade Commission that Mahindra’s Roxor being assembled and sold in the United States was encroaching on their intellectual property rights. In response, Mahindra filed a counter-statement with the ITC and filed a complaint in Michigan’s federal court for injunctive relief and damages. Now, according to Money Control from earlier yesterday (Nov. 30, 2018) who has been following the IP case from their home country of India, it looks like Round 1 of this multi-round fight goes to Mahindra.
The ITC established a special commision to come up with a recommendation that the ITC will most likely agree is canon. As per the commission’s standings, it looks like a previous agreement between FCA and Mahindra back in 2009 is biting Jeep in the back. Back in 2009, FCA, then just Chrysler, allowed Mahindra to manufacture the never-imported Scorpio, an SUV that then had a seven slate grille, in the United States for US sales. Mahindra and Chrysler came up with a comprise grille with an agreement that ANY vehicle that had this grille could be used, made, and sold in the United States and FCA could NOT, on any terms, claim trade dress or, in other words, IP infringement.
Chrysler consents to the use and incorporation of the grille design shown in Exhibit A (hereinafter the“Approved Grille Design”) in vehicles sold and advertised in the United States by Mahindra and/or its affiliates and authorized dealers. Chrysler agrees and warrants that it will not assert against Mahindra, its affiliates, authorized dealers, or customers, or anyone else, any claim for infringement of Chrysler’s trade dress, trademark, or other intellectual property rights in the United States based on: (1) a grille having the Approved Grille Design; or (2) a vehicle containing or using the Approved Grille Design.
Mahindra KNOWS they’re building and selling a CJ Knockoff and are fully taking advantage of the history Jeep has in America to get some of these Roxors off American showroom floors and onto trails, farms etc. all over the United States. And armed with this 2009 agreement, the ITC investigative commission concluded they legally can, even IF the Roxor technically is a Jeep knock-off.
Just watch the Roxor’s ad above, they are fully playing into Jeep’s history without even acknowledging their name.
The way I see it, Mahindra’s light-duty vehicle industry wouldn’t even be around if it wasn’t for Jeep allowing to let them use their design which, back then, was only made because of a legal gentleman’s agreement of sorts, because India and the United States are two different markets.
Now, to import these Jeep kit cars to the United States, is burning a bridge and a relationship with a company which should make things awkward if any of the two management teams should meet, face to face.
Since Mahindra started selling the Roxor in May, estimates of Roxors out there hover around 3,000-4,000 Roxors sold. At $15,000 a piece, that’s a chunk of revenue that Mahindra would like to see annually.
The whole thing just leaves a bad taste in my mouth and it is what it is, just business.
Buy a Roxor, if you’d like. Just don’t park it next to any Jeep fans.
Source: Money Control
