Two EV startups may soon face off in court over alleged breach of contract and patent infringement.
Electric vehicle startup Bollinger Motors filed a lawsuit this week in the southern US district of New York against Munro Vehicles and its lead designer for alleged breach of contract, patent infringement and trade dress infringement, according to court documents.
The central figures in the lawsuit are the Bollinger B1 SUV and B2 truck, the Munro MK_1 SUV, and Ross Compton, a former Bollinger contract designer who later became Munro’s lead designer. Bollinger alleges in the lawsuit that Compton breached his contract and violated a mutual confidentiality agreement by referring to confidential Bollinger files, with Munro’s knowledge, while designing Munro products.
image credits: Screenshot of court filing
Bollinger also alleges that Munro has infringed two of its patents for its original vehicle designs and trade dress infringement, a legal term meaning similarity between the brands’ products could cause confusion in the mind of the buyer. Bollinger claims that this will inflict irreparable damage to the brand.
Image Credits: Screenshot of court filing
Munro CEO Russell Peterson told TechCrunch in an emailed statement that the company is aware of the allegations raised by Bollinger Motors Inc.
“The company takes intellectual property infringement very seriously and Munro intends to vigorously defend its position on the unique design of the Munro MK_1 all-terrain vehicle,” he wrote.
Bollinger and Munro have developed rugged all-terrain vehicles intended for commercial use. Scotland-based Munro specifically targets farmers, miners and those working in heavy industry sectors. The company, which was founded in 2021 by Peterson and Ross Anderson, has said it plans to bring its Munro MK_1 to market in 2024.
Bollinger Motors, a Michigan-based startup founded by Robert Bollinger in 2015, focuses on producing all-electric commercial vehicles for classes 3 through 6. The company initially planned to produce the Bollinger B1 and B2 electric SUVs and pickup trucks. Later it introduced a chassis designed for a Class 3 commercial vehicle with the aim of expanding its customer base.
Bollinger halted development of its B1 and B2 vehicles in January 2022. Nine months later, Mullen Automotive, an electric vehicle startup that went public through a merger with a special-purpose acquisition company, acquired a 60-percent stake. % in Bollingers. The transaction injected a needed $148.2 million into the start-up.
The companies said, at the time, that the investment would help accelerate the development of Bollinger’s class commercial electric trucks, including a class 4 vehicle expected in 2023, and help it resume its consumer truck program. B4 production is now scheduled to begin in early 2024.
That additional capital seems to have done the job. The B1 and B2 consumer trucks are back on track, according to Robert Bollinger, who added that the company will announce the production schedule at a later date. Bollinger has working prototypes of the B4 and is planning pilot programs this summer.
Bollinger still maintains its own board of directors, and Robert Bollinger continues to serve as chief executive officer. When asked about the lawsuit, Robert Bollinger said Mullen is not named in the lawsuit because the company retains ownership of the intellectual property portfolio and has an obligation to defend it.
