USITC to review parts of initial order on M&M Roxor

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SME Times News Bureau | 23 Jan, 2020
Mahindra and Mahindra (M&M) on Thursday said that the US International Trade Commission (USITC) will review part of the initial determination on the complaint filed by Fiat Chrysler Automobile ANV, including that on the infringement of the trade dress of Jeep.

In November, an administrative law judge of the USITC found that the Roxor model of Mahindra violates the "trade dress" of Fiat Chrysler Automobile ANV's (FCA) Jeep. The judge has also recommended an "exclusion" order prohibiting the import of Roxor parts and a "cease-and-desist" order prohibiting sale of any already-imported Roxor parts.

Mahindra in a regulatory filing on Thursday said: "The US International Trade Commission (ITC) has intimated on January, 22, 2020 that it has chosen to review parts of the Initial Determination including those relating to the validity and infringement of the trade dress claimed by FCA, and the importation findings made by the Administrative Law Judge (ALJ)."

In addition, the USITC will also review whether there was any infringement by Mahindra of any of FCA's registered trademarks, Mahindra said.

The company said that it is optimistic that the USITC will reconsider the preliminary findings of the Administrative Law Judge (ALJ) and conclude that FCA did not establish previously unclaimed US rights in trade dress and that there was no infringement of either trade dress or registered trademarks.

Mahindra has already launched its model year 2020 ROXOR with significant styling changes and will make additional styling changes, if so required, in cooperation with the USITC, it said.

Roxor is manufactured in the US by Mahindra Automotive North America (MANA), a Mahindra subsidiary. MANA launched the ROXOR off-road work and recreational vehicle in 2018 in its Auburn Hills, Michigan, facility, which also serves as its North American corporate headquarters.