Detroit,
Michigan - General Motors today filed a federal
trademark infringement lawsuit in the United States District
Court in Detroit against Avanti Motor Corporation. The lawsuit
alleges that on February 14,
2003 at the Chicago Auto Show, Avanti Motors
is debuting the Studebaker XUV that knocks off and misappropriates
the shape of the world-famous and incredibly popular HUMMER®
H2TM SUV. Indeed, the Studebaker XUV
looks so similar to GM's recently launched HUMMER H2 SUV
that both the President of Avanti Motors and a Business
Week article dated February 17, 2003 refer to the Studebaker
XUV as a "boxy, HUMMER-like vehicle."
"It
is clear that 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, however, will not permit
others to misappropriate the goodwill that GM has spent
tens of millions of dollars developing," continued
Ellerbrock. "Moreover, the Studebaker XUV is so
similar to the H2 that the public will be confused by the
knockoff of the H2. GM will not allow its world-famous trademark
rights to be violated," concluded Ellerbrock.
In the
lawsuit, GM seeks a preliminary injunction enjoining Avanti
Motors from manufacturing, advertising, and selling the
Studebaker XUV.