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Shutterbug57 10-01-2012 02:17 PM

Jeep Grille
 
Does anyone know how hummer gets away with a 7 hole grille that mimics the Jeep grille? Does Chrysler not have the Jeep grille trademarked?

2012 Summit 10-01-2012 03:02 PM

Re: Jeep Grille
 
It was never an issue until GM purchased rights to use the Hummer name. It was the H2 (not really a genuine hummer) that prompted Chrysler to go after GM and AM General.

Basically, AM General was spun off from Jeep back in 1971 and the grill trademark was grandfathered to AM General

Here is an excerpt from the February 15, 2001 South Bend Tribune:

"Like angry siblings fighting over the will of a wealthy
relative, DaimlerChrysler Corp. has accused AM General Corp.
and General Motors Corp. of 'stealing' the Jeep vehicle's
grille. DaimlerChrysler filed suit Tuesday in federal court
in Toledo, Ohio. DaimlerChrysler wants GM and AM General
permanently barred from using the grille on civilian Hummers
because it says the Hummer grille is too similar to the one
used on its Jeep products. Just minutes prior to
DaimlerChrysler's lawsuit on Tuesday, GM and AM General
filed documents in U.S. District Court in South Bend asking
for legal protection to use the trademarked grille design.
AM General was granted the trademark in 1996."

" . . .GM officials told DaimlerChrysler Friday that the
Hummer grille would not be given up." And further, "General
Motors Corp. and AM General Corp. argue they have the right
to use the trademarked grille on civilian Hummers -
including the proposed H2 - because DaimlerChrysler Corp.
waived any claim it may have had by remaining silent for 16
years. DaimlerChrysler Corp. contends the grille design on
civilian Hummers is too similar to those used on its Jeep
products. The company says AM General was awarded its
trademark for the grille in 1996 only after pointing out
that Hummers were produced for a different market."

AM General Corporation v. DaimlerChrysler Corporation
2002 U.S. App. LEXIS 23725, (7th Cir. 2002)

This case is an appeal from a denial of a motion for preliminary

injunction with a defendant in a declaratory judgment action based
on trademark infringement and dilution. Chrysler claimed rights in
the grill on its line of Jeeps, and that General Motors new H2, baby
Hummer, contains a confusingly similar grill. The District Court
found that DaimlerChrysler had virtually no chance of success on the
merits and that the hardship to General Motors would weigh heavily
against issuing the injunction. The basis for this was the showing
that DaimlerChrysler had not objected to a similar grill on the
original Humvee and Hummer vehicles which were directed to a
different market.

Obviously, a key question, in dilution is fame and when it occurred.

The court extensively discussed both brand's histories. Both claims
are based on its family of marks in its grills, since there are a
number of different grills that Jeep has used over the years that
fall within its definition. The court found that the
DaimlerChrysler claims require proof that the family of marks was
famous before General Motors adopted the alleged diluting mark.
Thus, it has to show that the family of marks existed before General
Motors adopted the alleged diluting mark. This fails since only
since 1998, but not before, have all Jeep models had a grill that
fit within DaimlerChrysler's definition of its family.


The decision can be viewed at:

http://caselaw.lp.findlaw.com/.....21816p.pdf

History of AM General Corporation

  • 1903 - Standard Wheel Company, Terre Haute, Indiana, expanded its bicycle operation to include the Overland Automotive Division to manufacture motor vehicles. The Overland "Runabout" was introduced.
  • 1908 - John North Willys purchased the Overland Automotive Company, Indianapolis, Indiana. The Pope-Toledo automobile manufacturing plant was purchased and all automotive operations were moved to Toledo, Ohio.
  • 1912 - Willys-Overland Company was formed, producing the famous Willys-Knight series of vehicles and later the "Whippet."
  • 1936 - Willys-Overland Motors, Inc. was formed as a result of a Depression-era bankruptcy reorganization.
  • April 1953 - Willys-Overland Motors, Inc. (facilities, plants, and other physical assets) was purchased by Henry J. Kaiser interests, and Willys Motors, Inc. was formed.
  • March 1963 - Willys Motors, Inc. name was changed to Kaiser-Jeep Corporation.
  • March 3, 1964 - As the Studebaker Corporation of South Bend, Indiana went out of business, Kaiser-Jeep entered into a novation agreement with Studebaker to assume a contract for the manufacture of military trucks. The Chippewa Avenue Studebaker Plant was purchased.
  • February 5, 1970 - Kaiser-Jeep Corporation was purchased by American Motors Corporation.
  • March 26, 1970 - Kaiser-Jeep Corporation name was changed to Jeep Corporation. Jeep Corporation operated a Commercial Products Division with facilities at Toledo, Ohio, and a General Products Division with facilities at South Bend, Mishawaka, and Indianapolis, Indiana.
  • May 14, 1970 - Jeep Comporation General Products Division corporate offices were moved from Toledo, Ohio to Wayne, Michigan.
  • March 31, 1971 - Jeep Corporation General Products Division facilities and business were spun off and a separate wholly-owned subsidiary of American Motors was formed and named AM General Corporation.
  • February 23, 1979 - AM General Corporation corporate offices were moved from Wayne to Detroit (American Motors AMTEK Building).
    http://www.humvee.net/misc/1981proto.jpg
    1981 AMGeneral HMMWV Prototype
  • September 20, 1983 - AM General Corporation was sold by American Motors to the LTV Corporation, becoming a subsidiary of LTV Aerospace and Defense Company and doing business as LTV Aerospace & Defense Company, AM General Division.
  • August 20, 1984 - AM General Divison corporate offices were moved from the American Motors AMTEK Building to new facilities off Plymouth Road in Livonia, Michigan.
  • October 1, 1986 - AM General corporate offices were moved to the existing manufacturing facility on Chippewa Avenue in South Bend, Indiana, with the Engineering facility remaining in Livonia, Michigan.
  • November 1, 1986 - AM General working name was changed to LTV Missiles & Electronics Group, AM General Division, as a result of a reorganization of LTV Corporation.
  • February 1, 1990 - AM General working name was changed to LTV Aerospace and Defense Company, AM General Corporation, as a result of a reorganization of LTV Corporation.
  • February 9, 1990 - AM General corporate offices were moved to a new, leased building on Niles Avenue in downtown South Bend as a result of the closure of the Chippewa Avenue manufacturing facility.
  • April 30, 1992 - AM General Corporation was sold by LTV Corporation to the Renco Group, Inc.

Shutterbug57 10-01-2012 05:50 PM

Re: Jeep Grille
 
Very interesting. Thanks for posting.

2012 Summit 10-01-2012 06:25 PM

Re: Jeep Grille
 
2 Attachment(s)
Here's the 7-slat grille on my 1964 Kaiser M606 and my 1997 Hummer HMCS.

I sold the M606 10 years ago and just recently sold the Hummer after 15 years of ownership.

2012 Summit 10-01-2012 06:26 PM

Re: Jeep Grille
 
Quote:

Originally Posted by Shutterbug57 (Post 691074)
Very interesting. Thanks for posting.

You're Welcome.

canis 10-02-2012 09:19 AM

Re: Jeep Grille
 
Another of their agruments was that Jeep themselves hasn't always used 7-slots. Some of the earliest Ford versions had nine, and the 93-95 ZJs actually had an 8 slot grille. There are probably a couple other variations out there as well.

2012 Summit 10-02-2012 12:42 PM

Re: Jeep Grille
 
Quote:

Originally Posted by canis (Post 691322)
Another of their agruments was that Jeep themselves hasn't always used 7-slots. Some of the earliest Ford versions had nine, and the 93-95 ZJs actually had an 8 slot grille. There are probably a couple other variations out there as well.

This is true.

Aiyer 10-02-2012 01:50 PM

Re: Jeep Grille
 
Quote:

Originally Posted by 2012 Summit (Post 691090)
Here's the 7-slat grille on my 1964 Kaiser M606 and my 1997 Hummer HMCS.

I sold the M606 10 years ago and just recently sold the Hummer after 15 years of ownership.

I would have never sold that '64 M606. Got more pics of it?

2012 Summit 10-02-2012 02:48 PM

Re: Jeep Grille
 
8 Attachment(s)
Here are some more photos. Sometimes I wish I still had it, but I had to make room for other toys. I had a lot of fun doing the restoration and it was time to give it a new home. The last photo shows the 1950 M35 I restored and also have since sold.

At the present time, I miss the 1997 Hummer the most.

Funny, how the things you have the hardest time parting with
are the things you need the least

Lonesome Day Blues (Bob Dylan)

Aiyer 10-02-2012 04:03 PM

Re: Jeep Grille
 
^^^ Very very nice!! Thanks for posting the pics!

That Jeep reminds me of my uncle's Willys jeep I used to ride shotgun in when I was about 7 yrs old. Since then I have always been a big fan of Jeeps.


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