.

.
February 19, 2003
.
This Week:

• New Mercedes-Benz E55 AMG Makes Debut in Chicago

• Toyota Stages World Premiere of All-New Tundra 'Big Rig' Double Cab Pickup at 2003 Chicago Auto Show

• Avanti Responds to GM Lawsuit Over Studebaker XUV

• Hyundai and Kia Celebrate the Grand Opening of a New $30 Million California-Based Design Center

• 2003 Volkswagen GTI 20th Anniversary Edition Revs Up for Chicago Debut

• GM, Ford Officially Sign Agreement To Develop All-New Front-Wheel-Drive Transmission

• The Volkswagen Group in Asia-Pacific

• 2004 Acura 3.5 RL Debuts at Chicago Auto Show

• American Suzuki Introduces Two New Cars, Mid-Size Verona and Premium Compact Forenza at Chicago Auto Show

• All-New Ford Freestar Minivan To Be Produced At Oakville Assembly Plant

• Global Engine Alliance Selects Michigan for New Production Facility in the U.S.

© 1998 - 2003 Copyright & 
Disclaimer
Automotive Intelligence,
www.autointell.com
All Rights Reserved .
For questions please contact
editor@autointell.com  

.
Avanti Responds to GM Lawsuit Over Studebaker XUV

CHICAGO - Today (17 Feb 2003), Avanti Motor Corp. announced that plans to roll out the 2004 Studebaker Xtreme Utility Vehicle (XUV) will move forward, despite a recent lawsuit filed by General Motors Corp. General Motors' suit contends that Avanti's Studebaker XUV "knocks off" the shape of GM's Hummer H2 and will confuse the public. The story of David and Goliath came to mind when Avanti Chairman and Chief Executive Officer Michael E. Kelly was questioned about the recent lawsuit filed by GM. "There will not be any confusion on the part of the car-buying public," said Kelly. "Put both vehicles side by side, and there's no question that the Studebaker XUV is distinctly different."

Kelly stated that Avanti Motor Corp. never considered using GM, Hummer or H2 designs for their Studebaker XUV. It was also noted that no GM parts were used to build the new Studebaker XUV. "There are no parts of an H2 Hummer that fit on a Studebaker XUV," Kelly said. "Furthermore, the Studebaker is based on original concepts and designs developed by Avanti Motor Corp. The Studebaker XUV has a completely different body style, from the front end to the rear gate, and it has sliding rear side doors and a sliding rear roof, the same as a 1963 Studebaker Wagonaire." The two vehicles in question share absolutely no common parts.

The Avanti Studebaker is more than two feet longer than the H2, and features a rounded hood, distinct front grille, and unique body molding. It also includes several features not found in the GM offering, including power- sliding rear doors and a power-retractable rear roof.

Avanti believes that this frivolous lawsuit was presented to the small manufacturer by General Motors in order for GM to create a monopoly on the market of boxy, utility-type vehicles, thus preventing Studebaker, Ford, or even Chrysler from producing this type of vehicle in the future.

The Hummer H2 is no stranger to legal action. Ironically, last year Daimler-Chrysler sued GM over the design of the vehicle, claiming the grill was a knockoff of the Jeep's classic seven-slot front.

About the Avanti Studebaker Xtreme Utility Vehicle

The 2004 Avanti Studebaker XUV measures 80 inches wide, 79.6 inches tall and 215.5 inches long, with a 134-inch wheelbase and a curb weight of 5,900 lbs. It will be offered with either a 325-horsepower, 6.0-liter turbo-diesel V8 or a 310-hp, 6.8-liter V10. The V10 may be equipped with an optional supercharger, which raises the engine rating to 425 hp. A five-speed automatic transmission will be offered with both engines. The Studebaker's use of the Ford F-250 platform will enable the vehicle to be serviced by an established dealer network.

GM Files Suit Against Avanti Motors Seeking Injunction Against Knock Off HUMMER® H2TM SUV

Detroit, Michigan (February 14, 2003) - General Motors 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® H2TM 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.