Mahindra releases statement on ITC’s Roxor v. FCA ruling

Mahindra has released a statement on the International Trade Commission’s ruling on Roxor’s legal matter with FCA.

MAHINDRA MEDIA STATEMENT ON ITC RULING WITH FCA

UPDATED 6/19/20

To our ROXOR Enthusiasts,

Concerning the recent ITC ruling, we’ll let the legal process play out, but we remain confident in our position. We have plans in place to ensure ROXOR will continue to set a standard in the side-by-side segment for years to come.

Q & A’s

What does the ITC Ruling mean for ROXOR?

The ITC’s ruling is lengthy, and we are still evaluating all of its contents. We are evaluating our options with respect to appeals of the finding which we continue to believe is in error. During the appeal process, we are moving forward with a planned redesign.

Does the ITC have the final say in this case?

The ITC opinion will not go into effect until August 11, 2020. In the interim there is a process of review by the office of the President of the United States, during which time the President may either adopt the ITC’s opinion or completely reject it. We have also asked the ITC for clarification to ensure the ruling does not cover the current 2020 ROXOR or any planned re-design of ROXOR. That clarification from the ITC will not be provided for 90 days or more.

Is there a cease and desist order for ROXOR?

At this time, no. The cease and desist order, if unmodified, will go into effect after the Presidential Review Period and does not apply to repair or service parts.

Will I still be able to buy a ROXOR? And, ROXOR parts?

Yes. Our Dealer Network will still be selling ROXORs, and we will continue to provide support through the sale of service and repair parts for the 2018/19/20 ROXOR models.

Will I still be able to get my ROXOR serviced?

Yes. There is no disruption in our authorized dealer network at this time for sales or service of 2018/19/20 ROXOR models.

Has Mahindra been preparing for a decision like this from the ITC?

Mahindra has always felt very strongly in its case, but has been preparing for the possibility of a negative decision. We have taken and continue to take measures to protect our dealer network and our customers. Part of that planning can be seen in the current front end redesign found in the 2020 ROXOR. It evolved into a more robust redesign which will be launched later in 2020 or early 2021.

FULL MEDIA STATEMENT:

We are aware of media reports about a determination reached by the International Trade Commission (ITC) in our matter with FCA. While we continue to evaluate the full details of the decision, Mahindra issues this statement to clarify its business planning and approach. As an initial matter, we are considering our options to appeal those aspects of the opinion that suggest the ROXOR violates FCA’s so-called Jeep Trade Dress. The appellate process may take several months, if not years to complete. In the meantime, Mahindra is committed to its dealer network, its customers, and its enthusiastic fans.

Since its launch, the ROXOR has been met with great fanfare, and enthusiasts from all over the world have recognized its unique place in the powersports industry. We are honored that 85% of ROXOR owners say they’re very or extremely satisfied with the product and 87% state that they would buy another one. This is a testament to the quality of the ROXOR and the legacy of Mahindra making durable products that can stand up to the toughest of conditions. It is with this legacy that Mahindra ROXOR will continue to thrive in its redesigned next generation which we anticipate launching later this year or early next year.