Fiat Chrysler Automobiles’ battle to keep an Indian all-terrain vehicle — one that looks suspiciously like a certain flag-waving American off-road vehicle — out of the U.S. has come to an end. FCA won.
As reported by Bloomberg, the U.S. International Trade Commission has ruled that Mahindra’s Roxor, which strongly resembles a Jeep CJ, is in violation of section 337 of the Tariff Act of 1930 and infringes on the complainant’s trade dress. In short, the Mahindra Roxor looks too much like a Jeep.
On Wednesday, the U.S. International Trade Commission (ITC) said it will review an administrative law judge’s initial determination, made in November, that Mahindra’s Roxor looks suspiciously like a Jeep product.
Fiat Chrysler Automobiles filed a trade complaint with the ITC in 2018, claiming the Roxor infringes on Jeep’s “trade dress” — a term used to identify trademarked images or general appearance of a product. Not quite a patent, it exists on the fringes of intellectual property laws, frequently making trade dress issues difficult to navigate.
The judge’s recommendation was that regulators issue a cease-and-desist order and prohibit any Mahindra vehicles or parts that infringe from entering the country. Meanwhile, the commission is still in the midst of its own investigation — which opened in September of 2018 — and now estimates finishing its inquiry by March 20th.
From there, the U.S. Trade Representative would have two months to make a final determination. Of course, now that Mahindra has updated the look of the 2020 Roxor (below the break), the whole issue could be moot.
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- Conundrum Was unlucky enough to have a ride in the back of one of these things shortly after they first appeared, a project of Mercedes' ownership of Chrysler and that silly German professor with the gigantico walrus mustache who ran the place.Brother rented one of these early Magnums. The ride in the back was of constant wallowing up and down, like a 2015 BMW 3 Series, where my senses were similarly assaulted by lack of attenion to rear ride comfort, Up front was OK in both, back seat ride bloody awful. Must be a Germanic trait.The Magnum had an additional sensory deficit. Interior smelled of the peculiar rubber/plastic dash. Smelled like Chinese winter boots for kids, or Chinese tires of yore. Pass.
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- Sayahh Story idea or car design competition: design a compact sedan, a midsize sedan, coupe and/or wagon specifically for people 6'4" through 7'2". Not an SUV nor a crossover nor a raised chassis like the US Toyota Crown or Subaru Outback.
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