#TradeDress

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.

True story: Many, many years ago I briefly dated a young woman who, at the age of 16, was the subject of a custody battle between her hard-luck mother and her suburban aunt. You’d expect this to go the way of the aunt, and you’d be right. But what you would not expect is that the aunt was married to a fellow who, some 15 years earlier, had been L. Ron Hubbard’s personal bodyguard. He was deeply involved in the “Sea Org” and a bunch of other Scientology-related stuff. He also claimed to have been a Green Beret and a decorated Vietnam veteran. (More information on the dude here, if you’re interested.)Scientology in general, and my girlfriend’s foster dad in particular, was notorious for “fair-gaming” its lapsed members and anybody else who gets in the way of the organization. “Fair Game” is an L. Ron Hubbard phrase that means, basically, no action that can be taken by church members against the person in question is off-limits. It’s okay to attack them, kidnap them, have their home “SWATted”, destroy their careers or their credit rating. Being “fair gamed” by the Church of Scientology is very far from a picnic. The Church now disavows “fair gaming”. (More info here.)The Ford Motor Company, on the other hand, doesn’t seem too reluctant to “fair game” a few of its lapsed members, as you’ll see.