Fiat TM complaint prompts ITC Mahindra investigation
The US International Trade Commission (ITC) announced yesterday that it will institute an investigation into Mahindra & Mahindra following a complaint made by Fiat Chrysler Automobiles ( FCA).
According to FCA, Mahindra has violated section 337 of the Tariff Act of 1930 by importing certain motorised vehicles and components that infringe FCA’s trademarks and trade dress.
The trademarks depict images of vehicle components and silhouettes, and are registered for goods and services relating to vehicle apparatus and lighting and heating apparatus.
The ITC said that FCA requested a limited exclusion order and cease and desist orders to Mahindra for its alleged infringement.
FCA’s complaint also alleged trademark dilution, unfair competition and trade dress infringement.
“The complaint further alleges that an industry in the US exists and that the alleged violations have the threat or effect of causing substantial injury to that industry as required by the applicable federal statutes,” said the ITC.
The ITC’s chief administrative law judge (ALJ) will now assign the case to an ALJ, who will schedule and hold an evidentiary hearing.
This is not the first time the ITC has been involved in a dispute between FCA and Mahindra.
As reported by WIPR last month, Mahindra sought an injunction preventing FCA from pursuing an ITC complaint against it.
The previous complaint FCA filed alleged that certain design features of Mahindra’s Roxor 4x4 off-road vehicle infringe features of FCA’s Jeep design, in particular the grille.
Mahindra argued that the complaint was without merit.
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