FCA looking to block Mahindra

[Dwkali]

If they are able to stop the sale of the Roxor could they also stop the import and sale of some parts? Such as body parts?

 

[jrobz23]

The basic design shape, is rather akin to the M38A1 and M170 military vehicles to which the civilian CJ5/6 was originally derived. Given that these are military vehicles and the likeness owned by "the people", would it not stand to reason Jeeps arguments are pure folly and only crying and diaper filling in the candy isle?

Discounting the obvious fact that these products are UTVs, and not direct competitors, couldn't M&M say the likeness is that of the M38A1?

 

[Bobby]

I think you/we are worrying about nothing. The Indian Economy is facing inflation because of several issues...mainly dependence of oil from Iran. US sanctions on Iran. The whole tariff talk/threats. We are saber rattling with Iran now. The Indian Central Bank did raise their borrowing rate last Friday 25 basis points from 6.25 to 6.50 but that was a hedge on inflation and possible gas price increases coming from Iran. I think Iran supplies 80% of their oil. The rest at this moment seems to be threats to manipulate the true target, Iran, and I don’t think India is in the crosshairs of the US on any account.

It will all shake out and be OK in my opinion.

 

[jrobz23]

I think you/we are worrying about nothing. The Indian Economy is facing inflation because of several issues...mainly dependence of oil from Iran. US sanctions on Iran. The whole tariff talk/threats. We are saber rattling with Iran now. The Indian Central Bank did raise their borrowing rate last Friday 25 basis points from 6.25 to 6.50 but that was a hedge on inflation and possible gas price increases coming from Iran. I think Iran supplies 80% of their oil. The rest at this moment seems to be threats to manipulate the true target, Iran, and I don’t think India is in the crosshairs of the US on any account.

It will all shake out and be OK in my opinion.

I think one of the largest worries is an event similar to the EV1. That would be worst case scenario where the legal battle goes terribly wrong, and they try to repossess the units sold. Personally, if they wanna try, they can Molon Labe.

I think any settlement on baring of sales will back-fire completely. I bet there are no less than a hundred small volume operators willing to assemble KDKs (Kit Cars) and sell them. This would likely massively increase the throughput to market over what M&M currently has, and would be a VASTLY larger threat to Jeep lol. Imagine the political tussle they'd have if they went after 50 mom and pop assemblers all over the nation.

I'm not overly concerned, just annoyed Jeep (cough Fiat cough) is playing the crony card instead of the "Produce what your customers want" card. If Jeep made a smaller, strippo, bedlined, flat dash, diesel, manual 18k Wrangler, M&M would have never brought the ROXOR.

 

[Bobby]

Copied and Pasted from Fox News this morning.

Fiat Chrysler trying to stop the sale of Jeep clone
By Gary Gastelu | Fox News

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(Mahindra)
Not everyone is flattered by imitation.
Fiat Chrysler (FCA) has filed a complaint with the U.S. International Trade Commission that aims to stop the manufacture and sale of a Jeep-inspired UTV called the Roxor.

A Message from Quadratec
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The Roxor was admittedly designed by Indian automaker Mahindra to resemble the Willys Jeeps, which the it began building under license after World War 2. Mahindra plans to start assembly of the not-street-legal vehicle in Ann Arbor, Mich., this year and sell it in the U.S. at a starting price of $15,499.

FCA’s complaint argues that, while Mahindra has had prior agreements with Jeep’s previous owners to build and sell products in India, it has no ongoing rights to the company’s intellectual property or approval to sell vehicles using it in the U.S.
The filing lays out the key design features of the Roxor that FCA says may confuse consumers, including the boxy shape, flat hood and round headlamps that are incorporated into Jeep’s “trade dress.”

(FCA)
Jeep is famously protective of its trademarks, and has taken past legal action against entities that have used the brand’s name or design features, including an injunction it was denied that tried to stop General Motors from building Hummers with a seven-slot grille.
Mahindra has not yet officially responded to the complaint, but has issued a press statement that says it is “without merit.”
The company, which best known in the U.S. for its agricultural vehicles, but also sells trucks and SUVs in other markets, has previously indicated that it views the Roxor as a stepping stone to offering street legal vehicles in the U.S. in the coming years

 

[General]

I filed comments with US International Trade Commission today. I believe their comment period ends 5pm (Eastern) Friday, and you have to follow their filing instructions (not too tricky though). Send me a private message if you need help navigating their website. Let our voices be heard, or the Roxor movement might abruptly stop!

 

[jrobz23]

I filed comments with US International Trade Commission today. I believe their comment period ends 5pm (Eastern) Friday, and you have to follow their filing instructions (not too tricky though). Send me a private message if you need help navigating their website. Let our voices be heard, or the ROXOR movement might abruptly stop!

Cliff's note for all to get where we can comment would be nice. This site is worse than SharePoint.

 

[General]

Go to USITC - EDIS Home, create an account, Search --> Advanced Search --> Investigation # 337-3330, read FCA's complaint & the public comments request, homepage --> "E-File Documents", attach your letter (.pdf file), and mail 8 paper copies to their address in Washington DC.

 

[Bister]

This is just another opinion of the case and a pretty good description of the legal terms etc. and what needs to be proved or addressed for cases like these to go forward. I found it a good read, so I thought I would share it here. From other stuff I heard and read, it seems a lot of these cases just die a slow and painful death. lol

TRADE MARK DILUTION vis-à-vis THE JEEP-ROXOR DISPUTE | Invntree

 

[jrobz23]

It's a stall tactic from FCA to see how serious M&M is about entering the market. I see nothing coming from this if M&M puts up a solid front. I think M&M got a solid taste of goodwill/demand from the US consumers (and likely even more so from Canada). I think FCA was blindsided from this pent up demand for trimmed down diesel "CJ", and need time to actually get their act together to respond. This smells of desperation to avoid getting completely swept under the rug by not understanding their formerly core audience, and moving away almost-completely from them. Now their core audience is Moms who wanna appear 'younger and active' while getting groceries or husbands who 'got approval' cuz it has 4 doors and child seats. That is a FAR cry from the ranchers, loggers, farmers, and bush explorers who were the core audience of Jeep for decades.

I bet the first words from FCA when the Roxor news came out was "Who would buy this?". The answer is the consumers you left behind, and we are many.

 

[Bobby]

Very interning article and debate. I do love a legal argument. The wheels of justice grind slow and true. We all likely will be dead when this is resolved. A few of my oberservations,

FCA brought the same action against GMC? When the Hummer was introduced. I don’t blame FCA for trying to protect their perceived corner on the market. And, as someone else pointed out, FCA hasn’t made anything similar to the ROXOR since the early 70s. They have gone in a complete different marketing direction. The ROXOR does look like a Jeep CJ and earlier models from a distance. However on inspection there is no similarity. Ray Charles could tell the difference.

I have spoken to Mahindra Mgt. on other matters about them introducing the ROXOR in the US. I can assure they new this was coming and saw it coming and are well prepared.

As Kawasaki use to say in their advertising, Let the good times roll!

 

[sandyx]

Mahindra files suit against FCA

Mahindra files suit against FCA - Team ROXOR Forum - Unofficial Mahindra ROXOR Off-road Community!

 

[sandyx]

Mahindra's statement at ITC on Aug 22, 18'

Statement by Mahindra & Mahindra Ltd. | Automotive World

“A complaint was filed by FCA US, LLC (“Fiat”) with the United States International Trade Commission (“ITC”) against Mahindra which we believe is without merit. In response, we have taken a number of actions both within the ITC and in Federal District Court that we would like to share with you. Mahindra filed a Public Interest Statement with the ITC on August 22, 2018. This Statement expresses our position on this matter and explains how it is in the public interest for the ITC to rule against Fiat and in favor of Mahindra.

Our goals on the public interest statement were two-fold. One was to state our position on the merits and the other was to correct inaccuracies regarding Mahindra as a company and the ROXOR as a product. We set the record straight on the history of Mahindra, including its U.S. operations. We also demonstrated that the ROXOR is a vehicle that was always intended only as an off-road vehicle, does not compete with Fiat vehicles, is manufactured and assembled in the first OEM plant to be built in Michigan, USA, in the last 25 years, was the result of more than three years of research and development, and categorically rejected the notion that the ROXOR was an imported low quality “knock-off” kit car.

On August 23, 2018, Mahindra filed a complaint in Federal Court in Michigan on the issue of the applicability and enforcement of our 2009 agreement with Fiat. We are asking the court to block Fiat from participating in the ITC claim – an injunction – because of the fact that they agreed in 2009 to never bring such claims if we use a grille that they approved. The ROXOR uses that grille. We are also arguing that Fiat is using the ITC case to harm our ROXOR business by creating negative publicity, damaging our reputation and our stature in the marketplace.”

“From the reading of the filing of Fiat, they have sought an order implications, if any, due to for permanently restraining the company from exporting, and compensation, penalty etc; MANA from importing, any parts or components which are infringing upon Fiat's intellectual property rights in to the US. There is no monetary claim such as compensation, damages, etc. sought by them. However, if they succeed in getting a permanent injunction from the company exporting infringing parts or components to the US and MANA importing the same in to the US, the company will not be able to sell such parts or components to the US and the sale of such parts or components by the company to MANA will be affected.”

 

[sandyx]

Mahindra Roxor launch: US Trade Commission launches investigation for alleged violations


Mahindra Roxor launch: US Trade Commission launches investigation for alleged violations

Last Updated : Sep 11, 2018 12:18 PM IST | Source: Moneycontrol.com

The quasi-judicial, federal agency sent letters on Monday to Mahindra Automotive North America (MANA) and Mahindra & Mahindra in India asking for a response within 20 days to allegations in the complaint submitted by FCA.

“Failure to file a response may result in inferences being drawn against your (M&M) interests,” the letter signed by Lisa Barton, Secretary, USITC, stated.

 

[Bister]

I found a couple of other articles that say just about the same thing but they say the ITC is looking at having an answer in 45 days.

 

[Bister]

The latest article I found on the situation....a couple new lines, but mostly just re-hashing the same stuff.

fiat-chrysler-escalates-fight-with-mahindra-in-us

 

[Bister]

Here is a bit of an update/Information on the lawsuit that Mahindra filed, but doesn't have much to do with the ITC complaint.

Setback for Mahindra in US as court denies motion for injunction in infringement case

 

[General]

Summary: Mahindra's request (that a Michigan court block the FCA-requested ITC investigation) was denied. ITC's investigation continues. The bigger news will be if/when the USITC concludes that Roxor does/doesn't violate Jeep's trade dress, which will be swiftly followed by a court ruling to either block or exonerate MANA/M&M and further Roxor sales. Pray for ITC to do the right thing!

 

[quickshot]

my roxor is in production--expecting it within two weeks> can't wait. Putting together accessories wants right now--lol

 

[Bill Patridge]

Let's all Cross our fingers!!