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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.
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