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Old 27th November 2019, 10:25   #1
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Mahindra loses Roxor (Jeep lookalike) case in US

FCA had filed a complaint against Mahindra (click here to read about it).

Judge Finds Mahindra Roxor Infringes On Jeep’s “Trade Dress,” Recommends Sales Stop.

Mahindra loses Roxor (Jeep lookalike) case in US-1.png


Quote:
FCA was primarily concerned the Roxor uses six features – known as “trade dress” – that are distinctively Jeep. These include: 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.”
Quote:
Following arguments and presentations from both sides, Administrative Law Judge Cameron Elliot found the Roxor violates Jeep’s trade dress
Quote:
The judge also recommended a cease-and-desist order to prevent Mahindra from selling Roxors in the U.S.
FCA will now ask the United States International Trade Commission to “confirm the ALJ’s conclusions on the Jeep Trade Dress.” If this happens, the automaker expects the exclusion and cease-and-desist orders will be issued by March 13th, 2020.

If that wasn’t enough bad news for Mahindra, FCA also told us it is pursuing a separate infringement case against the Roxor in the United States District Court of Eastern Michigan. In this case, FCA is “seeking an injunction to prohibit future sales of infringing vehicles, as well as disgorgement of Mahindra’s profits from the infringing Roxor.” A trial is scheduled to start in May of 2020.

Link

Last edited by Aditya : 3rd December 2019 at 07:06. Reason: Adding link to old thread
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Old 28th November 2019, 16:52   #2
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Re: FCA files a U.S. trade complaint against the Jeep-lookalike Mahindra Roxor

Unlike the Ciaz resembling the City's rear or the Hector tailgate resembling the Q5, I feel the Mahindra design is not a coincidence that it resembles the Jeep; nor does it do so only 'in some angles'

As Mahindra aspires to be a global player, it is high time they shake off this legacy of a Jeep copy since their newer offerings have no such traits. Probably an attempt to sell the (new) Chetak in Italy might meet with a similar observation with respect to Vespas!

Last edited by Chetan_Rao : 28th November 2019 at 18:33. Reason: Edited as requested.
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Old 29th November 2019, 13:13   #3
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Re: FCA files a U.S. trade complaint against the Jeep-lookalike Mahindra Roxor

https://www.team-bhp.com/news/mahind...-grille-design

It was already expected by Mahindra. They have already begun the change.

but why run two threads on the same subject simultaneously?
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Old 29th November 2019, 13:47   #4
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Re: FCA files a U.S. trade complaint against the Jeep-lookalike Mahindra Roxor

Quote:
Originally Posted by devarshi84 View Post
https://www.team-bhp.com/news/mahind...-grille-design

It was already expected by Mahindra. They have already begun the change.

but why run two threads on the same subject simultaneously?
ok now lets fight the case with Toyota, seems quite easier than Jeep. Toyota has anyway shelved FJ cruiser!
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Old 30th November 2019, 16:47   #5
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Re: FCA files a U.S. trade complaint against the Jeep-lookalike Mahindra Roxor

Tough road ahead for Mahindra Roxor.

In a regulatory filing today, Mahindra & Mahindra has announced that the sale of Mahindra Roxor and its parts have been prohibited in the USA as per an order from the administrative law judge under the International Trade Commission (ITC) in the US.

Link to the news :

https://www.autocarpro.in/news-inter...nt-issue-44793


Source : Autocarpro.in
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Old 30th November 2019, 17:10   #6
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Re: FCA files a U.S. trade complaint against the Jeep-lookalike Mahindra Roxor

Quote:
Originally Posted by XRoader_001 View Post

Source : Autocarpro.in
This is the part that deserves the quote.

Quote:
Commenting on the ongoing development, a Mahindra spokesperson said, “While the initial ruling concludes that the Roxor violates “Jeep Trade Dress,” until this case, FCA had never defined what it believes to be the “Jeep Trade Dress” or identified it as a business asset in any filings (bankruptcy or otherwise). Instead, at trial, FCA admitted that it believes it can define and redefine its “Jeep Trade Dress” depending on the product it is challenging – an unreasonable, anti-competitive, anti-business stance that, if successful, could cost good-paying American jobs.”

"Ultimately, the ALJ’s opinion is only a recommendation, and we have asked the entire ITC to review it. The ITC has the discretion to either adopt the ALJ’s opinion in whole or in part, rewrite parts of it, or completely reject it. Therefore, it is very important to wait for the ITC review to be finalised. While there are reports of a cease and desist order with respect to the Roxor, no such order has been entered. Finally, it was Mahindra, not FCA, who commenced the legal action in the Federal District Court in Michigan. We did this in an attempt to enjoin the ITC action and assert injury claims to our business and reputation as a result of unfair and anti-competitive actions by Fiat Chrysler."

"The Roxor was engineered and developed in the US and is based on the same platform as Mahindra’s Thar vehicle sold in India and many other markets. Mahindra has been manufacturing the Thar and its predecessors since just after World War II. The Roxor’s resemblance to the CJ and military-style Willys jeep is directly related to this 70-year heritage.”
Timeline of ITC procedure as below. There is NO ban on sales at the moment. March 13, 2020 will be the date for any decision on that.

Mahindra loses Roxor (Jeep lookalike) case in US-screenshot_20191130193627948_com.android.chrome.jpg

Source:
https://pubapps2.usitc.gov/337extern...dIL-cu0QbIQyjg
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Old 2nd December 2019, 13:35   #7
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Re: Mahindra loses Roxor (Jeep lookalike) case in US

Mahindra loses Roxor (Jeep lookalike) case in US - Posts moved to a new thread.
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Old 2nd December 2019, 19:39   #8
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Re: Mahindra loses Roxor (Jeep lookalike) case in US

My God this title! The case isn't lost till the final decision arrives on March 13, 2020. This is just an Initial Determination where 5 FCA claims were dismissed and 1 accepted. The primary judge just gave a recommendation which is now appealed and awaiting scrutiny by the actual tribunal. FCA won the first round. The media is just spicing their reports to grab eyeballs. Whatever happened to the innocent until proven guilty concept.

Original ITC release, the only words that matter.
https://www.usitc.gov/press_room/doc...37_1132_id.pdf

Expected timeline of proceeding.
https://pubapps2.usitc.gov/337extern...dIL-cu0QbIQyjg

This is far from over.

Mahindra's Media Statement on the ITC's Initial recommendation.
https://www.roxoroffroad.com/mahindr...S7qm-Qe6GDEgm0

Last edited by Aditya : 3rd December 2019 at 06:54. Reason: As requested
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Old 3rd December 2019, 06:31   #9
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Re: Mahindra loses Roxor (Jeep lookalike) case in US

Just take a look at the Mahindra Thar - it still uses all that old Jeep design DNA, including the 7 slat grille. If I remember right they lost the rights to use the Jeep Trademark more than 15 years ago.
Then take a look at this new re defined Thar that they are going to launch soon. Going by the pictures doing the rounds on this and other Fora, that vehicle looks so incredibly similar to a Jeep Wrangler design.
Although my family and I are old time Mahindra customers and in a sense, loyalists, and even though I am proud of what our Indian companies can do on the world stage (I saw the Mahindra Scorpio in Spain recently - called the Mahindra Goa), one thing I dont understand is why we need to sort of be copycats.
Why should Mahindra, such a respected company, keep somehow hanging on to that Jeep license hangover and keep using the designs which are deceptively similar? They ve moved so far ahead now that this is not “worthy” of them.
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Old 6th December 2019, 06:47   #10
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Re: Mahindra loses Roxor (Jeep lookalike) case in US

Quote:
Originally Posted by SandyX View Post
My God this title! The case isn't lost till the final decision arrives on March 13, 2020. This is just an Initial Determination where 5 FCA claims were dismissed and 1 accepted. The primary judge just gave a recommendation which is now appealed and awaiting scrutiny by the actual tribunal......
Absolutely! Whatever happened to "innocent till proven guilty"! But not surprising with the current dispensation in place.....
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Old 12th June 2020, 16:39   #11
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Re: Mahindra loses Roxor (Jeep lookalike) case in US

Fiat Chrysler wins trade case against Mahindra over Jeep copy
https://www.bloomberg.com/news/artic...over-jeep-copy
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Old 12th June 2020, 16:42   #12
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Re: Mahindra loses Roxor (Jeep lookalike) case in US

As per this latest article published in Autocar India today, Mahindra Roxor's imports have been blocked in the US.

International Trade Commission upholds November 2019’s findings that states the Mahindra Roxor copies the Jeep Wrangler.

This basically means that even the 2020 Roxor Facelift which had the Toyota FJ-inspired grille instead of the 7-slat Jeep-style grille now infringes on the Jeep design.

Image and Article source: Autocar India
Attached Thumbnails
Mahindra loses Roxor (Jeep lookalike) case in US-20200612015152_mahindraroxor1.jpg  

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Old 12th June 2020, 18:38   #13
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Re: Mahindra loses Roxor (Jeep lookalike) case in US

FCA grasping at straws trying to keep its failing lineup afloat. Apart from the Ram trucks and the Wrangler, none of their products are selling well it seems.
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Old 12th June 2020, 19:09   #14
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Re: Mahindra loses Roxor (Jeep lookalike) case in US

I blame this completely on Mahindra. If they are spending so much money trying to get a foot hold in US, at the very least, they could have changed that 7 slat grill. Any sane person will immediately recognize from Roxor design that it is a copy of older Jeeps. It is naive to assume that you won't get sued in the land of lawsuits. If they had gone with a design like 2020 Roxor, FCA would not have had a case.

Last edited by padmrajravi : 12th June 2020 at 19:11.
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Old 12th June 2020, 19:23   #15
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Re: Mahindra loses Roxor (Jeep lookalike) case in US

Wonder if this will have any impact on the upcoming Thar? FCA could file a case in India as well. Looks like a proper copy of the new Wrangler, as per the spy pictures.

Quote:
Originally Posted by slango97 View Post
FCA grasping at straws trying to keep its failing lineup afloat. Apart from the Ram trucks and the Wrangler, none of their products are selling well it seems.
Why would FCA need to 'grasp at straws' in the US market when the Top-20 best sellers list contains four FCA products. Apart from Ram (which is the second best selling vehicle in the US) and the Wrangler - the Cherokee and Grand Cherokee are both in the list as well.
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