DaimlerChrysler Plans to Appeal Ruling Over Hummer H2 Grille Design

SOUTH BEND, Ind. AP is reporting that DaimlerChrysler plans to appeal a federal judge's ruling on its battle with General Motors over the grille design on the new Hummer H2 sport utility vehicle.

Lawyers for DaimlerChrysler on Thursday filed a notice of intent to appeal the Feb. 28 pretrial ruling, which denied the company's request for an injunction to block GM from using the seven-slot grille on the Hummer H2.

U.S. District Judge Robert L. Miller Jr. found that DaimlerChrysler had virtually no chance of proving at trial that the grille infringes trademarks DaimlerChrysler holds on Jeep grilles.

Miller also said DaimlerChrysler, which contends the Hummer grille looks too much like a Jeep grille, likely could not show that the grille would cause confusion for consumers between the Jeep Wrangler and the Hummer H2, a civilian version of the military Humvee.

DaimlerChrysler's appeal will go to the federal appeals court in Chicago.

GM and partner AM General argued that an injunction would halt Hummer H2 production. South Bend-based AM General is now producing the vehicle at a new plant in neighboring Mishawaka, and the model is set to hit dealer showrooms in July.

The overall case is scheduled to go to trial in December in South Bend.

GM acquired the brand name Hummer from AM General in December 1999. GM has taken over marketing of the civilian Hummer and retained AM General to assemble the vehicle.