GM sues Avanti for Knock off Hummer H2
02-14-2003, 04:31 PM
#1
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GM sues Avanti for Knock off Hummer H2
Everyone remember this thread?
http://web.camaross.com/forums/showt...threadid=81134
Well, GM does have something to say about it!!
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GM Files Suit Against Avanti Motors Seeking Injunction Against Knock Off HUMMERŽ H2TM SUV
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 HUMMERŽ H2TM SUV. Indeed, the Studebaker XUV looks so similar to GM's recently launched HUMMERŽ 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.
http://web.camaross.com/forums/showt...threadid=81134
Well, GM does have something to say about it!!
------------------------
GM Files Suit Against Avanti Motors Seeking Injunction Against Knock Off HUMMERŽ H2TM SUV
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 HUMMERŽ H2TM SUV. Indeed, the Studebaker XUV looks so similar to GM's recently launched HUMMERŽ 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.
02-15-2003, 08:56 AM
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Originally posted by Mervz
I'm not surprised that it happened, only that they filed suit in ONE day! Thats alot of work to do in one day!
I'm not surprised that it happened, only that they filed suit in ONE day! Thats alot of work to do in one day!
Think they were waiting?
02-15-2003, 08:59 AM
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Originally posted by guionM
Gee... that is pretty darn quick.
Think they were waiting?
Gee... that is pretty darn quick.
Think they were waiting?
02-15-2003, 03:48 PM
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Originally posted by guess who
I hope GM loses.The only reason why is because JEEP lost to Hummer for the grill of the H2.Which I think is Bull---- anyway...
I hope GM loses.The only reason why is because JEEP lost to Hummer for the grill of the H2.Which I think is Bull---- anyway...
Do you even know trademark laws? Jeep didn't have a case in the first place. Confusing a Hummer for a Jeep just becuase of a grill with 7 slots? Ha!
Now, completely knocking off the H2's front windsheild, door shape, window shape, complete proportions, wheel placement, etc.. is a true base for a lawsuit.
02-15-2003, 04:20 PM
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Hummer didn't exactly copy Jeep's grill...
1953
******-Overland Motors Inc. was purchased by Harry J. Kaiser interests, and ****** Motor Inc. was formed
1963
****** Motor Inc. name was changed to Kaiser-Jeep
1964
South Bend IN - Studebaker Corp. went out of business while Kaiser-Jeep assumed the military vehicle manufacturing contract and purchased the Chippewa Avenue Studebaker Plant
1970
2/5 Chrylser Corp. purchased Kaiser-Jeep Corp. 3/26 Kaiser-Jeep Corp. name was changed to "Jeep Corporation" 5/14 Jeep Corp. General Products division corporate offices move from Toledo to Wayne, MI
1971
Jeep Corp. General Products Division was spun off and a separate wholy owned subsiderary of American Motors was formed - resulting in the AM General Corp.
1979
AM General offices were moved from Wayne to Detroit MI and they begin preliminary design work for a High Mobility Multi-Purpose Wheeled Vehicle (HMMWV) to meet U.S . Army standards
March 1983
AM General awarded initial production contract for 55,000 U.S. military vehicles during this same year they were sold to the LTV Aerospace and Defense Company as the AM General Division
July 1992
First civiliam Hummer delivered
http://www.hummernet.com/pub/k2/hummer/humhisty.htm
******-Overland Motors Inc. was purchased by Harry J. Kaiser interests, and ****** Motor Inc. was formed
1963
****** Motor Inc. name was changed to Kaiser-Jeep
1964
South Bend IN - Studebaker Corp. went out of business while Kaiser-Jeep assumed the military vehicle manufacturing contract and purchased the Chippewa Avenue Studebaker Plant
1970
2/5 Chrylser Corp. purchased Kaiser-Jeep Corp. 3/26 Kaiser-Jeep Corp. name was changed to "Jeep Corporation" 5/14 Jeep Corp. General Products division corporate offices move from Toledo to Wayne, MI
1971
Jeep Corp. General Products Division was spun off and a separate wholy owned subsiderary of American Motors was formed - resulting in the AM General Corp.
1979
AM General offices were moved from Wayne to Detroit MI and they begin preliminary design work for a High Mobility Multi-Purpose Wheeled Vehicle (HMMWV) to meet U.S . Army standards
March 1983
AM General awarded initial production contract for 55,000 U.S. military vehicles during this same year they were sold to the LTV Aerospace and Defense Company as the AM General Division
July 1992
First civiliam Hummer delivered
http://www.hummernet.com/pub/k2/hummer/humhisty.htm
02-15-2003, 04:20 PM
#12
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Originally posted by guess who
I hope GM loses.The only reason why is because JEEP lost to Hummer for the grill of the H2.Which I think is Bull---- anyway...
I hope GM loses.The only reason why is because JEEP lost to Hummer for the grill of the H2.Which I think is Bull---- anyway...
the original hummer came out in the late 80's if Jeep thought this was serious problem they should have sued 15 years ago.
would you have sided with AM General if they sued jeep because the Liberty uses a 7 slot grill because AM General has been using that many slots in it's grills forever
You really should read up on the History of both companies.
Last edited by Z28x; 02-15-2003 at 04:25 PM.
02-15-2003, 05:18 PM
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Ok so I didnt do the homework on it.
I still think this is hogwash.The H2 doesnt have sliding rear doors.
Im just messin with ya's I really dont care.It isnt like Avanti will sell enough to even harm the sales of the H2 anyway.GM is just wanting some press so maybe someone will buy their trucks.They are buying their cars ok though.
I still think this is hogwash.The H2 doesnt have sliding rear doors.
Im just messin with ya's I really dont care.It isnt like Avanti will sell enough to even harm the sales of the H2 anyway.GM is just wanting some press so maybe someone will buy their trucks.They are buying their cars ok though.
02-16-2003, 12:03 AM
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Originally posted by guess who
Ok so I didnt do the homework on it.
I still think this is hogwash.The H2 doesnt have sliding rear doors.
Im just messin with ya's I really dont care.It isnt like Avanti will sell enough to even harm the sales of the H2 anyway.GM is just wanting some press so maybe someone will buy their trucks.They are buying their cars ok though.
Ok so I didnt do the homework on it.
I still think this is hogwash.The H2 doesnt have sliding rear doors.
Im just messin with ya's I really dont care.It isnt like Avanti will sell enough to even harm the sales of the H2 anyway.GM is just wanting some press so maybe someone will buy their trucks.They are buying their cars ok though.
02-16-2003, 12:15 AM
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Originally posted by guess who
GM is just wanting some press so maybe someone will buy their trucks.
GM is just wanting some press so maybe someone will buy their trucks.
There, I just gave you some! Seriously though.. the avanti one is a direct rip-off of the H2, there's no question about it. I'm behind GM all the way on this one, and I predict that they will prevail.For those that compare to the Jeep lawsuit: GM also won that one because that was utterly ridiculous! You can't lay claim to a NUMBER of grill slits.. jeez, how lame. That was money in the bank.