If you're talking about the motions in pacer, I can't open them as I don't have an account anymore. I understand they will likely be shut down but the op was asking about vehicles that are already sold and in private party use. Certainly not getting their vins cancelled/crushed. That would be absurd.

Probably nothing except loss of resale value and difficulty getting parts or service. Several hysterical posts on other forums saying vins will be cancelled or they will be thrown in the crusher but that's what the internet does.

Moke International/USA would be idiots to not just add this as their second model with the 50mph version. They'll make more selling 100's of LSV versions than they ever will selling 300 50mph versions.  

Looks like we wait to see what the judge says.

I saw (can't say I read it thoroughly) the final rebuttal brief from the Plaintiff. Interesting if you are into the niggly bits of law. Some intersting points presented that put the whole idea of whose trademark (common law or "descriptive") it is.

I suspect the fat lady has settled back in her seat and isn't planning to sing right away.

In the meantime, if you're interested in a Moke America 'wanna-be-Moke', there's another for sale on BAT: https://bringatrailer.com/listing/2021-mini-moke-cruise-e/

The last I saw/read, the judge had called for submissions of briefs on one undecided count - brief, counter-brief and final counter-counter brief. The deadline for the last response was February 13th. Final judgment should be out soon, maybe in 2-3 weeks.

somebody must know

Or the fat billy. And we all know he's singing

It is all a spectrum of ownership and rights. There's a difference between using using the name to market parts vs slapping the name on a golf cart type vehicle vs selling a full road-going vehicle. Only the judge can decide who owns the rights to the name, when they legitimately (according to US law) acquired those rights and from whom. The more I read about the case, the less clear it becomes. To me, none of the parties involved or alluded to have spotless hands.

Just to add to the confusion, consider (but don't respond!) the "Chokes" from China, who was importing them, assembling them and selling them... and how they got to be legitimately titled in one state but not in others.

"It ain't over till the fat lady sings."

WOW --   M*O*K*E is the new four letter word. The word seems to be a no no: even to use the word to identify the part for vehicle. They want a royalty from mania because it identifies the part they are selling. Truly absurd.

That's what I've been mostly thinking. Seems like all along it's been a battle mainly over the name MOKE. But not much really has been said of the design. MA has been legally selling their product for years and has been deemed legal to register as long as it is driven in low speed areas. So it is legal. They're not conducting business in an illegal manner or selling anything illegally. I think if the design was an issue, it would have been shut down a long time ago.
 
I'd say at the least after all the dust settles, MA will have to change their name and they can continue to sell their product under a different name. But there could be more to come out of it all that's happening behind the scenes which could shut them completely. Even with that rebrand being the least of it, that would be a big enough complex mess for MA and its customers to deal with. I wouldn't say anything is getting crushed though. 

But then there's the marketing of both MA's and MI's vehicles. Ma's are registrable LSVs with limits, and MI's are registrable non-limited vehicles. Difference between selling a golf cart and passenger vehicle. Two different areas of transpiration. So MA may possibly have that small branch to grab onto on their way falling out of the tree, even after rebranding.

I don't think too much has been reported yet, due to the proceedings being still active with more court date(s) to follow. Normally during legal matters, either side have to refrain from speaking of anything until afterwards. Until then it's up in the air, and business as usual for both sides.  

Thank you. Seems to match up with my narrative above. I do not pretend to be an expert on this but I do feel like I've grasped the basics.

That also lays out how pitiful Moke USA is at selling their version.

Where I'm still lost would be whether this involves the design of the vehicle itself. It doesn't look like it does so, if they don't get sued into oblivion over damages, Moke America could potentially rebrand the same vehicle and continue selling it?

More grist for the speculation mill  (or peanuts for us in the gallery)

Moke_America_LLC_v_American_Custom_Golf_Cars_Inc__vaedce-20-00400__0262.0.pdf

Right about MiniMania.

This is an overly simplified version and it's my understanding having loosely followed this for a couple months:

Moke America and Moke USA were/are both selling electric Mokes, each claiming they were the only real Moke.

Moke America sued Moke USA claiming that Moke America acquired the Moke trademark from MiniMania in 2015. They were trying to stop Moke USA from using the mark.

Moke America was unable to prove in court that MiniMania actually owned the mark to begin with. Moke America lost the case.

Moke America appealed.

Moke International and American Custom Carts joined Moke USA along the way. Moke International has their own electric Moke coming to the US soon. Moke International claims they actually own the mark in the US and most of the rest of the world.

On Jan 27, a trial was held at which Moke America lost all 3 of its claims.

Moke USA, ACG, & Moke International won 2 of the 3 claims with the judge asking each party for more information on that single unresolved claim. This information is due to the court by Feb 13. 

Moke America appears to be backed into a corner. While both Moke America and Moke USA make "chokes" with AGM batteries, low range, low speed, slow charging, and debatable quality,  Moke America arguably make a superior vehicle to Moke USA and they certainly have turned it into a more thriving business. 

Moke International, on the other hand makes a superior lithium-based vehicle at a much higher price point with a low limit to the number of units they can sell in the US under the replica vehicle act. 

Is there room for both vehicles on the market? Very probably. Will Moke America be the one to sell the cheaper LSV version?  It looks highly unlikely. On the surface, it looks like that business will be handed to Moke USA.

Here's a link to the court docket re the current civil case:

https://www.pacermonitor.com/public/case/34556314/Moke_America_LLC_v_American_Custom_Golf_Cars,_Inc_et_al

It looks like the trial was held, or at least begun on January 27th and the transcript for that day prepared on January 30th. No decision is shown and we may not know until May1, 2023.

Contrary to "reports" in the deleted threads, Minimania is a "non-party" (i.e. not involved) in the suit or counter suit. Apparently, they were obliquely referred to in one of the pieces of evidence submitted by one party and appealed as not relevant by the other party.

That was nearly two years ago. Much has happened since and most of it involves Moke America failing to prove they own the Trademark.

After losing this appeal, the writing is in the wall. There's nearly $20k gross profit per vehicle. The potential is there for some option that continues their business model but it doesn't seem they have any control over their own fate.

If you own the mark and you shut down your competition, would you just let them keep operating? Maybe a licensing agreement would make sense if it involved complex capital-intensive manufacturing and a highly skilled workforce but it doesn't.

The new owners could just call Cruise Car and see if they're up for going back to slapping vins and seatbelts on Alibaba imports. 

I just read this thread and found this just now. Sunday eve: https://www.mondaq.com/unitedstates/trademark/937520/precedential-no-15-ttab-dismisses-moke-opposition-due-to-failure-to-prove-priority

It states the case was dismissed for failure to prove priority. 

I don't think so. Moke America lost all 3 of their claims. ACG won claims 1 & 3 only. The courts ordered both parties to submit bririefs regarding claim 2 on 3 dates concluding on the 13th.  No more hearings. At that point the court will review and enter a verdict.

I would post the order from the 27th but apparently you can't post images here. I hate to be like this on my second post here but wth is this busted forum interface? 

Here's a link 

Further court hearing coming up 13 Feb 23. Stay tuned.

There's more to it than just not owning the name anymore.

It's apparently the design too. Not exactly sure how that plays out given that Moke American doesn't actually design or build these. They just import them from China, add a Moke badge, a vin, and the safety equipment to qualify as an LSV. That's the part that was done by Cruise Car before the recent break-up. Now MA does it themselves and a dealer told me last week that MA currently has upwards of 15000 units waiting for conversion. I don't know the dealer, I just ordered some accessories over the phone with them.

From this article:

"MOKE International claimed the following in a legal filing: