Moke Wars: Legal Issues Hold Back U.S. Expansion

There is now a battle raging over the future of the Moke, the lightweight vehicle originally conceived for military use.

In one corner is U.K.-based Moke International, the owner of the original trademark, which dates back to 1964, that has recently relaunched the Moke as a fully road-legal EV. In the other corner is Moke America, a well-established supplier of Low Speed Vehicles designed in China.

The two rivals have been biffing it out in the courts for several years, arguing over the intellectual property rights, from the name to the iconic design. At their last hearing, the U.S. District Court decided that the Moke name is generic—like Aspirin or App—and therefore it cannot be registered or enforced in the United States. Both companies are appealing the decision and the case is ongoing.

Exactly how did we get here in the first place? The Moke story is a complex one that has criss-crossed the world since BMC’s Alec Issigonis first came up with the idea of a rugged all-terrain vehicle, based on the running gear from the Mini. Issigonis and BMC hoped it would offer the British armed forces an alternative to the Land Rover that could be parachuted into action thanks to its lightweight design.

When the British didn’t bite, a twin-engined four-wheel-drive version was pitched to the U.S. military, with similar results. Instead, the Moke took on an altogether more frivolous role as a beach car, where it was much more successful. In Britain almost 15,000 examples were built between 1964 and 1968 (and taking starring roles on screen including three appearances in James Bond movies), while in the somewhat more climatically suitable Australia and Portugal another 36,000 Mokes were made with production continuing until as late as 1993.

Meanwhile, the trademark was sold to Italian motorcycle manufacturer Cagiva by the Rover Group in 1990, although manufacturing never really got up to speed, with only a small number of cars assembled in Verase.

In 2015, Moke International was formed, going on to acquire more than 100 global trademarks after it bought the brand. It also acquired the assets and intellectual property of a business that had built Mokes in partnership with China’s Chery Automobile. Earlier in 2012, a new Moke was designed, initially driven by a small gas engine, and then adapted for an electric powertrain. It’s still the basis of the vehicle Moke International vehicle sells today, revised to comply with today’s safety standards. Essentially, the vehicle Moke America is selling also has its roots in the Chinese design.

“The whole China thing spawned a bunch of copycats,” says Robin Kennedy, Chief Commercial Officer for Moke International. “After we bought the Chinese business, we realised that the quality of what we were building out there wasn’t to the standard that we wanted to represent, so we brought manufacturing  back to Europe, and latterly back to Britain, given our belief that as a British brand, Mokes needed to be built here. But before that, a former colleague of mine was approached by Todd Rome who wanted to sell our Moke in America. For various reasons, we decided we didn’t want to work with him and he went on to form Moke America.”

“What we allege in our court case with them, are three things: One, that they’re infringing on the U.S.  trademark, which we ultimately own, but which they’ve blocked us from registering. Two, that their cars don’t comply with U.S. automotive standards, and three, and probably most importantly, is that they copied our designs. If you look at one of their vehicles, to the untrained eye, the body is identical.”

Hagerty reached out to Moke America for a response but had received no reply at the time of writing.

The two rival Mokes do indeed look very much alike, but their specifications are distinctly different. Moke America’s machine has a 12 kWh battery pack offering a claimed 40-mile range and a top speed of 25 mph – making it a Low Speed Vehicle. The Moke International car has a range of up to 80 miles and a top speed of 50 mph to make it highway capable. It’s also crash-tested and can be sold under the NHTSA’s Low Volume Motor Vehicle Manufacturers Act, which allows 325 cars to be imported each year.

Moke International currently has capacity to build 500 cars a year, but has bold plans to reach 5000 units. Resolving its legal woes will therefore be very important to its expansion ambitions.