[2001 ZTS]

K_OS,Oct 5 2005, 06:42 AM Wrote:any word on what will happen to the Sabaru?

Laterz :)
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No but here is an interesting read below. US Subaru dealers tried to sue Fuji about the Saabaru and lost:


- United States Court of Appeals Affirms District of New York's dismissal of Claim Brought by Subaru Distributors Against Subaru of America, Fuji Heavy Industries, General Motors Corp., SAAB Automobile AB and SAAB Cars USA in Dispute Over 'Rebadged' Cars -


NEW YORK, Sept. 30 /PRNewswire/ -- King & Spalding LLP, a leading international law firm, represented General Motors Corporation, SAAB Automobile AB and SAAB Cars USA in securing an important victory for the automotive industry on September 21 when the U.S. Court of Appeals for the Second Circuit affirmed a ruling by the United States District Court for the Southern District of New York dismissing a claim brought by Subaru Distributors against Subaru of America, Fuji Heavy Industries, General Motors Corp., SAAB Automobile AB and SAAB Cars USA. Subaru Distributors brought suit against the automotive companies to enjoin the sale of "rebadged" cars, those allegedly manufactured from designs used for Subaru models.

Last week's ruling reaffirmed the District of New York's ruling that Subaru distributors failed to state a claim and does not hold exclusive distribution rights to non-Subaru brand vehicles not distributed through Subaru of America.

"This is a significant win for the automobile industry," said Dwight Davis, lead partner to the King & Spalding team. "The decision against Subaru Distributors reaffirms the integrity of the industry and its position in the manufacturing and marketing of vehicles in our economy. We are honored to have assisted our clients achieve this victory."

Subaru Distributor's complaint alleged that since 1969, Subaru of America has had a contract with Fuji, manufacturer of the Subaru vehicles, granting Subaru of America the exclusive right to distribute certain Subaru brand products in the United States. In 1975, Subaru of America entered a Distribution Agreement with Subaru Distributors, granting Subaru Distributors the exclusive right to distribute Subaru brand vehicles, parts and accessories in New York state and northern New Jersey.

In addition, after acquiring stake in Fuji, General Motors announced in 2000 that it had entered a "technical alliance" with Fuji. In 2003, GM and SAAB introduced the SAAB 9-2, which would be manufactured by Fuji. According to Subaru Distributors' complaint, Fuji agreed to sell SAAB and GM an automobile substantially similar to the Subaru wagons that would allow SAAB to compete against Subaru in Subaru Distributors' geographic territory. Subaru Distributors alleged that Subaru of America acquiesced to this plan.