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12 November 2019TrademarksRory O'Neill

Indian off-road vehicle infringes Jeep trade dress: USITC

Indian automobile manufacturer Mahindra infringed the trade dress of Fiat Chrysler’s Jeep, the US International Trade Commission has found.

In a public notice posted last week, an ITC judge issued his preliminary ruling in Fiat’s trademark and trade dress infringement complaint against Mahindra over its Roxor vehicle.

Fiat alleged that the Roxor copied the Jeep’s signature trade dress as well as infringing five trademarks.

Mahindra sued Fiat in August last year over the claims, seeking a court declaration that it did not infringe the Italian-US corporation’s IP.

Fiat then filed its complaint at the ITC, alleging a violation of section 337 which covers the importation patent-infringing goods.

The Jeep was originally designed as a reconnaissance vehicle for the US military during World War II.

Mahindra has in the past obtained licences to manufacture Jeep designs for the Indian market.

US automobile manufacturer Chrysler acquired the Jeep brand in 1987, which then came under the ownership of Fiat Chrysler upon completion of a merger with the Italian company in 2014.

In its ITC complaint, Fiat alleged that the grille design on the Mahindra Roxor infringed four trademarks.

The complaint also claimed infringement of a Jeep logo, and “unregistered common law trade dress comprised of a combination of six design elements making up the overall look of an historic Jeep vehicle”.

The ITC appointed administrative law judge Cameron Elliot to review the allegations and make an initial determination.

Last Friday, Elliot concluded that while the Roxor did not infringe any of Fiat’s registered trademarks, it did infringe the Jeep trade dress.

Elliot’s recommendations will be adopted by the ITC and sent to the President for approval, unless either party or the ITC itself seeks a review of his findings.

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