GM Suit -2: Says Studebaker Will Be Confused with H2
DOW JONES NEWSWIRES
DETROIT, Feb. 14 -- General Motors Corp. (GM) filed a lawsuit against Avanti Motor Corp., charging that the Studebaker XUV knocks off its Hummer H2 SUV.
GM is seeking a preliminary injunction to prevent Avanti Motors from manufacturing, advertising, and selling the Studebaker XUV, the company said in a press release Friday.
Avanti has no statement at this time, but chairman Michael Kelly will make a statement on Monday from the Chicago Auto Show where Avanti is debuting the Studebaker XUV, an Avanti spokeswoman said.
"Avanti Motor Corporation is attempting to profit from and capitalize upon the enormous popularity and goodwill that GM has developed in the wildly successful H2 by knocking off the H2," said Charles Ellerbrock, a GM trademark lawyer. GM also said in its press release that the Studebaker XUV is so similar to the H2 that the public is likely to be confused.
The federal trademark infringement lawsuit was filed with the United States District Court in Detroit.
GM has also been the target of a trademark infringement lawsuit for its Hummer H2. DaimlerChrysler Corp. (DCM), maker of the Jeep, tried to get a preliminary injunction against the company last year, charging that its front-end grille knocked off that of the Jeep Wrangler. But the 7th Circuit denied the injunction, according to a report in the Automotive Industry Litigation Reporter last December.
-Tiffany Kary; Dow Jones Newswires; 201-938-5388
Updated February 14, 2003 5:53 p.m. EST
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