Avanti Motor Corp. claims it has had the first victory in its the trademark infringement case recently filed against them by General Motors. The company says A US District Court judge has delayed the hearing in which GM was seeking a temporary injunction against Avanti Motor Corp. until February 26, 2003 because of jurisdictional concerns.

According to Avanti, that decision means that it can keep its Studebaker Xtreme Utility Vehicle (XUV) in the Chicago Auto Show. General Motors had initially requested that the vehicle be removed.

Avanti Motor Corporation Chairman and CEO Michael E. Kelly stated that he feels Studebaker would not have gotten nearly this much recognition if not for GM bringing it into the spotlight. Kelly said “We are extremely excited for our new XUV, the public support for the XUV and Avanti has been tremendous.”

Kelly reaffirmed that Avanti Motor Corporation will continue taking the necessary steps to produce the 2004 Studebaker XUV. “Car buyers will certainly not be confused,” said Kelly. “Put both vehicles side by side, and the distinct differences are apparent.”

GM says the Studebaker XUV looks too much like its GM Hummer H2 and that the public will be confused by the H2 ‘knock off’.

Based in the US state of Georgia, Avanti plans to start manufacturing the $75,000 retail price Studebaker XUV in August, with initial production of 1,000 units per annum.