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29 August 2018Patents

Mahindra seeks to block Fiat’s ITC Jeep complaint

India-based car manufacturer Mahindra & Mahindra announced today that it has sought an injunction preventing Fiat Chrysler Automobiles from pursuing a US International Trade Commission (ITC) complaint against it.

On August 2, the ITC said it had received a complaint from Fiat alleging that Mahindra had violated section 337 of the Tariff Act of 1930. Fiat claimed that certain design features of Mahindra’s Roxor 4x4 off-road vehicle infringe features of its Jeep design, in particular the grille.

Fiat’s complaint sought an order to prevent Mahindra from importing car parts or components into the US that allegedly infringe Fiat’s IP rights.

In a statement, Mahindra said that the complaint was without merit. The company has commenced proceedings at the US District for the District of Michigan to seek an injunction preventing Fiat from proceeding with its complaint.

The company also asked the district court to enforce a design agreement that Mahindra commenced with Fiat in 2009.

According to Mahindra, under the ‘grill design agreement’, Fiat said it would never bring ITC claims against Mahindra if the company used the design.

“We are also arguing that Fiat is using the ITC case to harm our Roxor business by creating negative publicity, damaging our reputation and our stature in the marketplace,” said the statement.

In addition, alongside its subsidiary Mahindra Automotive North America, Mahindra filed a public interest statement with the ITC.

In its statement, Mahindra claimed that it is in the public interest for the commission to rule against Fiat and in favour of Mahindra.

The company said that the Roxor was designed with the intent of being used only as an off-road vehicle and that it does not compete with Fiat’s vehicles.

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