Shelby's latest lawsuit, who's next?

[ICBomber90]

Looks like if you can't win the first time, you try, try again

http://www.iptrademarkattorney.com/c...ctory-five.pdf

Lost all respect in my eyes

[turnpike boy]

.....this is all..... confusingly similar.....to his previous horsesh*t.

Which he took on the chin. And supposedly came to grips with.

Confusingly similar.

Great choice of words.

[Cobrabill]

****Deleted by Moderator****

[csx wnab]

Originally Posted by Cobrabill

****Quote Deleted by Moderator****

i sure love his cars but ****Deleted by Moderator**** i have since lost alot if not all respect for him, especially after he threw pete brock under the bus about the daytona coupe. he is becoming a histerical figure in the automotive community.

[ZOERA-SC7XX]

I guess FFR is the first of ol' Shellbag's new assault on the hardtop kit car industry. It seems we're in for another ride on the long and winding road. Get the popcorn out, it's gonna be a long winter.

[ROUSHAC]

Here you go, Bill:

[jwd]

He's a bitter, senile ,old f--k.

[Jamo]

Gents...let's keep it to a discussion about the suit, and watch the personal remarks or we'll shut it down.

[elmariachi]

If I build something and someone else comes along and takes it for gain without compensating me, they deserve to be sued and sued again. Anyone who has commercially gained from the Shelby's property or the Cobra and anything related to it should have had to pay a royalty or at least been granted consent. I have personally suffered from others who have stolen my intellectual property and patents and it sucks the big one.

[Don DePontee]

I don't see this lawsuit against FFR going anywhere as the trade dress infringement on the Cobra as well as the Daytona Coupe was settled in Federal Court in 2002, what has me worried is that Shelby has included FFCobra.com in this one along with a shop that builds FFR's for people. If Shelby gets his foot in the door on this one on the website who's the next big one to fall?
Don

[Dominik]

"Nice" Christmas present for FFR though.

BTW, if those who made profit from building replicas should pay to CS, will those who lost money get compensation from CS?

Let me get some popcorn!

Dom

[RandyH]

Originally Posted by elmariachi

If I build something and someone else comes along and takes it for gain without compensating me, they deserve to be sued and sued again. Anyone who has commercially gained from the Shelby's property or the Cobra and anything related to it should have had to pay a royalty or at least been granted consent. I have personally suffered from others who have stolen my intellectual property and patents and it sucks the big one.

If you believe so strongly then you support Hurricane being sued out of existence or anyone doing business with them?

I took a quick look at other manufactures web sites concerning the metatags issue and EM, Shelly Valley, Hurricane, Lone Star, Unique & ERA all do the same as FFR and I don't think they pay CS anything so are they next?

How deep will this go?

Will other local builders be targeted?


Will this site be shutdown? After all, they are selling advertising to these rogue companies. Guess they should also delete any threads mentioning the London Cobra Show and the raffle for charity.

[Paul F]

While I'm all in favor of protecting Intellectual Property, Trademarks, and the like, I am confused by the data on file at the patent office. While I'm no trademark expert, a search at the trademark office provides the following.


Daytona - a common trademark. Not currently used as a trademark for a car
Shelby Daytona Coupe - an abandoned trademark. Abandoned in 1996. Even when it was in effect; "NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "DAYTONA COUPE" APART FROM THE MARK AS SHOWN" (mark was not shown in filing)
http://tess2.uspto.gov/bin/showfield...ate=j7pasa.8.2

Daytona Coupe - an abandoned trademark
http://tess2.uspto.gov/bin/showfield...te=j7pasa.13.1

Cobra - a common trademark. Not currently used as a trademark for a car. At least I couldn't find it.
http://tess2.uspto.gov/bin/showfield...h=Submit+Query

[elmariachi]

Originally Posted by RandyH

If you believe so strongly then you support Hurricane being sued out of existence or anyone doing business with them?

Read my post again, that is not what I wrote. What I wrote was "should have had to pay a royalty or at least been granted consent." ONE or BOTH of those events should have taken place in advance of entering into a business endeavor using what Shelby claims is his property, not after. And both events generally remove forever any need for litigation. The Hurricanes and FFRs and everyone else using his trademarks and designs could have sought consent via licensing from Shelby in advance of any litigation, but chose not to. So, if they get sued, they deserve it. If it puts them out of business, well if they were commercializing off of Shelby's property, then they weren't legitimately in business in the first place then were they?

[bdeutsch]

In my company/industry vertical, we protect our IP as the most valuable commodity we have (which it really is). Everything an employee creates or patents becomes the property of the larger corportion; it is a condition of employment.

While I have sympathy for FFR and others, I think a case could be made (recognizing that I am not an attorney), that the Daytona Coupe was part of the IP of the original Shelby organization; assuming that the terms of employment followed the standard pattern as mentioned above. I would perhaps not say the same thing about the Cobra, due to where body originated, etc.

Again, this is not a legal opinion, just a reflection of how other industry verticals deal with IP (assuming the Daytona Coupe is considered IP).

[vanoochka]

Originally Posted by bdeutsch

In my company/industry vertical, we protect our IP as the most valuable commodity we have (which it really is). Everything an employee creates or patents becomes the property of the larger corportion; it is a condition of employment.

Wouldn't your company's most valuable asset (BTW, IP is not a commodity) be the employees that are doing the creating?

[LMH]

Ol-Shel may have a case with this one IMO. Unlike the Cobra, Brock designed the coupe body while an employee of Shelby American.
This should be interesting.
Larry

[nevermind65]

This is interesting. I'm no lawyer, but the Daytona Coupe may be a legitimate argument. The part about ffcobra.com seems a bit hokey. They state ffcobra.com uses the wording Shelby Cobra to advertise Factory Five, but I've never seen the word Shelby on there except maybe in the forums.

[mr bruce]

This place should give the Old Grouch a little fairer treatment than the KooLaid drinkers. Thanks for keepin'it civil, Jammer. that said, let the courts deside this one also.

[jhv48]

Lucky for all of us that other car manufacturers aren't as petty as ole Shel.

Think about all the other re-bodied and fabricated replicas (33 Fords, Anglias, Willy's, etc.) that would be sued out of existence.

Shel, go quietly from this world!