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Avanti Claims First Victory in Legal Melee with GM

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Khatir Soltani

The Battle is Heating Up

Avanti, now able to keep its Studebaker XUV at the Chicago Auto Show due to a jurisdictural issue, is claiming first victory in its battle with GM, who accuses the independent Georgia-based automaker of 'knocking off' its Hummer H2.

A U.S. District Court judge has delayed the hearing in which GM was seeking a temporary injunction against Avanti Motor Corp. for trademark infringement until February 26, 2003 due to jurisdictional issues.

Now Avanti Motor Corp. feels it can claim the first victory. Its Studebaker Xtreme Utility Vehicle (XUV) will remain in the Chicago Auto Show even though GM has requested its removal.

More so it is gaining more notoriety than it ever could have without the recent spotlight the world's largest automaker has pointed at it with its lawsuit. Avanti Motor Corporation Chairman and CEO Michael E. Kelly commented, "We are extremely excited for our new XUV, the public support for the XUV and Avanti has been tremendous."

While America's largest independent automaker ironically has built its business 'knocking off' turn-key replica's of the classic Studebaker Avanti and others, Avanti CEO Michael Kelly doesn't see any specific similarities to the Hummer H2 despite its boxy shape. (Photo: Trevor Hofmann, Canadian Auto Press)

Kelly maintained his stance stating that Avanti will continue working towards a Q3 to Q4 2003 production launch. "Car buyers will certainly not be confused," said Kelly. "Put both vehicles side by side, and the distinct differences are apparent."

GM states the Studebaker XUV infringes on its Hummer H2 design and that the public will be confused by the H2 'knock off'.

This looks like only the beginning of a war of words and continuing litigation. The battle is definitely heating up.

Khatir Soltani
Khatir Soltani
Automotive expert
  • Over 6 years experience as a car reviewer
  • Over 50 test drives in the last year
  • Involved in discussions with virtually every auto manufacturer in Canada