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Supacat



Member Since: 16 Oct 2012
Location: West Yorkshire
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United Kingdom 2013 Defender 110 Puma 2.2 XS DCPU Keswick Green
Jeep vs Mahindra
Following on from this:

Supacat wrote:
spudfan wrote:
Earlier someone mentioned the possibility of a legal challenge from JLR regarding the close similarity between the Grenadier and the old Defender. Recently JEEP won a case in India against MAHINDRA who have to stop manufacturing one of their models. It is ironic that in the advertising for the model, MAHINDRA used to comment on how their model echoed the styling of the classic JEEP.As well as having to stop producing the model I presume there was a financial penalty as well.
I would say that there would be a lot of political pressure on JLR not to pursue a legal challenge given the amount of potential jobs that could be at stake. Besides as JLR had publically dumped the Defender probably would not do them any favours.


Jeep "won" their case in the USA, using the 1930 Tariff Act and as far as I can see it did so as a "domestic industry". So it does not look like it would set any precedent applicable to JLR to go after Ineos.

https://www.defender2.net/forum/post836852...dra#836852

The claim from Jeep that Mahindra had infringed it's U.S. Trademark Registration was actually rejected. What was upheld was infringement of trade dress protection.

From Wiki:
"Trade dress protection is intended to protect consumers from packaging or appearance of products that are designed to imitate other products; to prevent a consumer from buying one product under the belief that it is another."

Easy to do perhaps when you pick up a packet of Asda's chocolate orange sponge biscuits but surely nigh on impossible when purchasing a vehicle?


https://www.defender2.net/forum/post841219...dra#841219

It looks like Mahindra have hit back:

"DETROIT -- A U.S. regulator ruled Wednesday that Mahindra and Mahindra Ltd.'s new design for its Roxor off-road utility vehicle did not infringe the intellectual property rights of Fiat Chrysler Automobiles' Jeep brand, six months after barring the sale of older models.

The International Trade Commission said the post-2020 Roxor model did not violate the "trade dress" of FCA's Jeep Wrangler SUV, accepting an administrative law judge's October recommendation that design changes made by Mahindra meant an earlier cease-and-desist order should not apply to newer models.

"The ruling validates Mahindra’s redesign of the highly popular Roxor off-road vehicle," Mahindra said in a statement. "Mahindra is now permitted to manufacture and distribute the redesigned 2021 Roxor."

FCA said in a statement it was disappointed by the ruling.

Trade dress consists of the unique characteristics that make a product stand apart and is generally accepted as identified with that product by the public. For example, FCA sees the Jeep Wrangler's boxy body shape, front grille and round headlights as distinct to the brand.

In June, the ITC ruled Mahindra infringed on the intellectual property rights of FCA's 2019-model Jeep brand and barred the sale of vehicles in question. The ITC issued a limited exclusion order prohibiting the sale or import of the vehicles and parts, as well as a cease and desist order to Mahindra and its North American unit.

Mahindra had said the 2020 model was refreshed and changed to avoid the issue, but the commission did not decide at that time whether the newer model and subsequent versions infringed Jeep's trade dress.

The Roxor is assembled in Auburn Hills, Mich., north of Detroit."

https://www.autonews.com/automakers-suppli...new-roxors
Post #874423 23rd Dec 2020 7:52pm
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