Mahindra Roxor faces stop sale order in US over design infringement battle with Jeep

Mahindra has been involved in a legal battle with Fiat Chrysler Automobiles in the US over the Roxor. In the case, which was filed last year, FCA seeked to prevent the sales of the Mahindra Roxor, saying it shares several design similarities with the Jeep. According to an old report by Bloomberg, the Italian-American automotive giant's complaint noted "They are a nearly identical copy of the iconic Jeep design. In fact, the accused product was ‘modeled after the original Willys Jeep'." And according to the latest developments in the case, it seems that Mahindra may have to stop selling the Roxor; a new media report says that Administrative Law Judge Cameron Elliot agrees that the Mahindra Roxor SUV indeed infringes Jeep's design.

Under the purview of this legal battle, FCA has primarily focused on the following Mahindra Roxor features, namely, exterior hood latches, “door cutouts above the bottom portion of the side body panels,” and a “boxy body shape with flat appearing vertical side and rear body panels ending at about the same height as the hood.” -- collectively referred to as 'trade dress'.

After back and forth between the two parties, Administrative Law Judge Cameron Elliot determined the Mahindra Roxor indeed infringes Jeep’s trade dress. He went on to recommend that the United States International Trade Commission allow Fiat Chrysler Automobile's limited exclusion order which encompasses the Mahindra Roxor as well as its components. Besides that, the judge also suggested a cease-and-desist order to block Mahindra Roxor's sales in the US.

FCA, in a statement to CarScoops, said, "FCA US is pleased that an Administrative Law Judge at the United States International Trade Commission has found that the Mahindra Roxor vehicle infringes the iconic trade dress of the Jeep brand. FCA US believes the evidence and relevant law all strongly support the ALJ’s determination that Mahindra has engaged in unfair trade practices, and that Mahindra’s infringement was harming or likely to harm the Jeep brand and FCA US. The ALJ has determined Mahindra violated 19 U.S.C. Section 1337 and that an order excluding infringing vehicles and components from entry into the U.S. is appropriate. In addition, the ALJ has also determined that a cease-and-desist order is appropriate preventing Mahindra from selling any vehicles already in the U.S."

It must be noted that this ruling will now be followed by FCA will now seek the United States International Trade Commission confirmation. In case that happens, the company believes both the exclusion as well as the cease-and-desist orders could be issued by March next year.