Mar 7, 2002
By Maryanna Lewyckyj Which is faster: The Porsche 911...


In a dispute perhaps more suited to the drag strip than the courtroom, automaker Porsche is revving up an attempt to legally dust DaimlerChrysler.
The builder of high-end performance sports cars has filed suit against U.S.-based DaimlerChrysler Corp. for a TV commercial which portrayed the Porsche 911 as a slowpoke car holding up a vacationing family travelling the highway in a Dodge Durango with a trailer in tow.
The suit filed in a U.S. District Court in Georgia alleges "unfair competition, trademark dilution, false advertising and unjust enrichment."
A press statement issued by Porsche contends that DaimlerChrysler "unfairly trades on the considerable goodwill associated with Porsche's trademark" and "misleads consumers as to the performance characteristics of both automobiles."
According to the 2002 World of Wheels Car Catalogue, the 320-horsepower Porsche 911 has a 0-100 km/h time of 5.0 seconds, while a Dodge Durango R/T (the most powerful Durango with 245 horsepower and 335 ft.-lbs. of torque) has a 0-100 km/h time of 8.6 seconds.
"For the sake of our business, we cannot ignore how DaimlerChrysler has misused Porsche's trademarks," said Patricia Britton, general counsel for Porsche Cars North America.
A Porsche spokesman said the automaker was seeking damages, but could not give an amount.
DaimlerChrysler Corp. has 10 days to respond to the suit.
"We deny any misuse or dilution of the Porsche trademark and will continue to run the ads and will be vigorously defending the case," said DaimlerChrysler Corp. spokesman Ann Smith.
"We anticipate filing our answer early next week and we are confident that we will ultimately prevail," Smith said.
DaimlerChrysler Canada Inc. spokesman Bob Renaud said the Durango commercial is still scheduled to air once or twice a week in Canada, but would be phased out within two weeks as part of a normal ad change cycle.