Swaraj Baggonkar Moneycontrol News
Fiat Chrysler Automobiles has responded to Mahindra and Mahindra's (M&M) claim in the ongoing tussle between the two giants over the Indian company's Roxor vehicle.
Fiat has said that it expects the district court in Michigan to disagree with Mahindra’s claims in a design copyright infringement case that seeks to disallow the Indian company from selling the off-road vehicle in the US.
M&M had filed a complaint in a federal court last week where it quoted a 2009 agreement with Fiat that allows the Anand Mahindra-led company to use the copyrighted designs. Mahindra sought an injunction against Fiat from proceeding with its complaint related to the sale of the off-road vehicle developed in the US.
"FCA expects the district court to disagree with Mahindra on its contract claims. But even if it did not the district court should nevertheless decline to enjoin FCA from pursuing its Section 337 claims before the Commission. This presents another basis to deny Mahindra’s request," FCA responded on Monday to M&M’s claims.
Fiat Chrysler Automobiles (FCA) has accused the Mumbai-based auto giant of copying its designs, particularly the front grille of the Willy’s Jeep, on the Roxor, developed and sold by M&M in the US.
Earlier this month, Fiat had approached the US International Trade Commission (ITC) alleging violation of section 337 of the Tariff Act, 1930 seeking a ban on sale of Roxor in the US.
"We are asking the court to block Fiat from participating in the ITC claim - an injunction - because of the fact that they agreed in 2009 to never bring such claims if we use a grille that they approved. The Roxor uses that grille. 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," M&M said in a court filing last week.
M&M manufactures the Roxor in India and exports it to US as knocked down kits which are then assembled at its Michigan plant. M&M recently secured funding assistance for Roxor through a tie up which would help customers buy the vehicle on easy finance schemes.
"The Roxor is a vehicle that was always intended only as off-road vehicle. It does not compete with Fiat vehicles and is manufactured and assembled in Michigan. It was the result of more than three years of research and development and categorically reject the notion that the Roxor is an imported low quality 'knock-off' kit car," M&M said in a court filing.
FCA claims that marketing activities used by M&M to promote the Roxor will cause confusion and deceive a potential customer into believing that the Roxor is a product associated with Willy’s Jeep.
Since the Commission has not put a stop to the marketing and sales of the Roxor FCA has sought expediting its investigation in the case stating that any delay will harm the brand and goodwill of FCA.
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