The U.S. International Trade Commission has accepted Fiat Chrysler’s request for an order to block sales of the Mahindra Roxor off-road vehicle in the United States.
In a notice posted on the agency’s website, the USITC said it upheld, with modifications, a judge’s finding that Mahindra’s off-road vehicle is a copy of the Jeep Wrangler. This means the Indian company will be forced to stop selling the Roxor to the United States – unless the Trump administration vetoes the ban on public policy grounds.
According to AutoNews, the chances for that to happen are rather slim. FCA motivated the lawsuit with the claim that the Roxor is a “nearly identical copy” of the Jeep Wrangler, particularly the “boxy body shape with flat-appearing vertical sides and rear body ending at about the same height as the hood.”
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Back in November 2019, trade judge Cameron Elliot ruled that the Roxor infringed the trade dress of the Jeep as defined by six specific design elements. However, the ruling also said that Mahindra’s vehicle did not infringe the registered trademarks for the Jeep’s front grille. As a result, the judge recommended that the USITC block import of the Roxor kits and components.
Both FCA and Mahindra then asked the commission to review the part of the decision they lost. In January, the Indian company unveiled the 2020 Roxor with “significant styling changes” and said it would make additional changes in cooperation with the ITC if so required.
In a filing with the commission, the company argued that its new models aren’t in violation, and that FCA is trying to grab “a practical monopoly over the import and sale of components used in any boxy, open-topped, military-style vehicle.” Fiat Chrysler replied that Mahindra plans to “design right up to the line of infringement,” adding that the question of an U.S. import ban can be decided later. The decision came on June 11, 2020 and was posted in a notice on the USITC website.
Mahindra builds the components for the Roxor in India and assembles the vehicle at a plant in Michigan. The import ban would hurt India’s largest SUV maker as the U.S. market is the world’s biggest for off-road vehicles, accounting for more than 60 percent of global off-road vehicle sales in 2018.