[volkman10]

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

The court denied the M&M motion on grounds that it “cannot show that they are likely to succeed on merits of their claim”

Link

[mail4ajo]

Frankly FCA doesn't have to worry much since the ROXOR is in a different market. The issue is when people take this on the road. Many counties allow OHV to be plated and converted for road use. Not sure if ROXOR or side by side fall out of this. I see even Golf carts driven legally in small towns.

What I hear locally sales are great in Texas and other southern states. They are sold by a popular local moto dealer. They will eat into other popular side by side sales. M&M farm equipment is very popular. A colleague uses all types of M&M stuff on his ranch and so does his entire family and neighbors.

[volkman10]

It’s advantage Mahindra over Fiat Chrysler.

The investigative staff appointed by the US Trade Commission has barred FCA from pursuing the IPR violation case further.

Link

[Thilak29]

Originally Posted by volkman10

It’s advantage Mahindra over Fiat Chrysler.

It seems like not the case in reality , our Indian media misreprenting details :
https://www.carscoops.com/2018/12/ma...roxor-america/

[SandyX]

ITC's Initial Determination on the FCA-MANA spat is out. FCA's Trade Dress claim holds as per the release, with the possibility of appeal.



https://teamroxor.com/threads/fca-lo...336/post-13397

[SandyX]

All grille related claims by FCA were dismissed by ITC. Section 337 violation relates to import of parts that violate FCA trade dress. This points to the general jeep shape that has acquired 'secondary meaning'. The grille does not come under its ambit as it's not an import into USA. It's sourced locally by MANA. #35 post above has a link to further details on the same.

Between, all 3 SEMA 2019 concepts are expected to come up for auction soon. The new grille has polarized the target market, with some wondering the need for this change. This especially considering the current grille actually gives some legal protection to the Roxor according to the 2009 agreement and ITC even ruled in favor of the present grille. The new grille can seemingly nullify the existing agreement.

[volkman10]

Fiat Chrysler gets new chance to block Mahindra 4x4s in Jeep trademark case.

Fiat Chrysler on Monday received a second chance to permanently block U.S. sales of redesigned Roxor off-road vehicles made by Indian carmaker Mahindra & Mahindra Ltd, which is fighting claims that it copied Fiat Chrysler's Jeep design.

The 6th U.S. Circuit Court of Appeals said that a Detroit federal court applied the wrong standard when it found that Mahindra's post-2020 Roxors were unlikely to cause consumer confusion.

the 6th Circuit said Monday that the court should have held Mahindra to a higher standard because it was already a known infringer. Mahindra's new design was required to keep a "safe distance" from Jeep designs, U.S. Circuit Judge Helene White wrote for a three-judge panel.

Because a court can enjoin even a non-infringing product under the safe-distance rule, the simple fact that a known infringer's redesigned product is non-infringing does not support the conclusion that the safe-distance rule should not apply

The appeals court sent the case back for the Detroit court to consider whether the new Roxors kept a "safe distance" from the Jeep design.


Link