The Mahindra Thar will not go on sale in Australia. The Indian company was earlier planning to introduce the off-roader in the Australian market and had also opened expressions of interest on its Australian website. A single unit of the Thar was imported in Australia and was also spotted there.
The background
Earlier this month, Stellantis, the parent company that owns Jeep, moved court over Mahindra’s intention of launching the Thar in Australia.It saidthe Thar’s design is quite similar to the Wrangler, which is already on sale there.
According to CarAdvice, in addition to Stellantis (Jeep) commencing Australian Consumer Law proceedings against Mahindra for alleged “misleading and deceptive conduct”, “passing off”, and “infringement of registered designs”, the brand had also asked for an undertaking that Mahindra will not launch the Thar in Australia – and provide, at least, 90 days written notice if ever there was an intention to do so.
Mahindra had previously applied to give a 45-day notice to Jeep of an intention to certify and import the Mahindra Thar vehicle into Australia, rather than the 90 days requested by Jeep. Mahindra has agreed now to provide a 90-day notice, according to a court undertaking.
Lawyers representing Mahindra in Australia also agreed in Federal Court that the manufacturer would “not import, market or sell in Australia the model of the Thar vehicle” or a future variant of the Mahindra Thar SUV, as reported here.
In response to this development, Stellantis, the parent company of the Jeep brand has issued a statement. “FCA is pleased that Mahindra has conceded and undertaken that they will not import, market or sell the current Thar vehicle in Australia, and will provide prior notice to FCA before bringing any future model or variant of the Thar into Australia. This outcome illustrates our commitment to protect the iconic trade dress and trademarks of the Jeep brand here and overseas, and continue to engage the passion our customers and loyal Jeep community in Australia have for these iconic vehicles.”
Why the climbdown
While the design of the Thar is not quite simply a straightforward copycat case, Mahindra and Jeep have a shared design heritage, with Mahindra having long made licensed versions of the CJ Jeep in India and even carrying the ‘Jeep’ moniker on their vehicles. However, this shared heritage is only relevant in India.To international customers, the design would not have any resonance and consumers there would simply see this as a Jeep design.
Thus, rather than tangle itself in legal battles over a matter that may not cut ice with local consumers too, Mahindra haselected to not sell the current Thar in Australia. This development will certainly put a dent in Mahindra’s overall export plans for the Thar as it’s likely to face a similar situation in other markets. Thus,the company will likely develop a differentiated design as it has done so in the case of the Roxor off-roader.
With a unique design, Mahindra would be free to sell the SUV in other markets and this would also strengthen and develop Mahindra’s own brand identity.This is something that will serve it well as it expands operations globally.