Evan,
Step away from the keyboard. You're starting to lose focus. You've generally been right in your rants regarding the CSX; until right now. ERA does not pretend to make a Shelby Cobra. They make an ERA 427.
From their manual: "Our objective, when we started on the design and production of this kit was to create a Cobra
replica better than all the rest." (emphasis added). Pretty obviouosly states it is a replica.
From their website: "'Shelby', 'GT40' and 'Ford" are registered trademarks. E.R.A. is not connected in any way to holders of these or any other rights involving the original Ford or Shelby automobiles." Clearly states that is not connected to Shelby.
I could probably pull at least another dozen examples from ERA materials, but you get the point.
Although the ERA 427 may be a visual clone of the original Cobra, the above demonstrates that ERA is not in any way trying to pass off the ERA 427 as a Shelby Cobra. After all, as you have argued ad nauseam (and correctly so), the thing that makes a "Shelby Cobra" a "Shelby Cobra" is having the legal right to call it a "Shelby Cobra." Thus, as you have aptly stated, the only cars that can legally be called Cobras are those cars made by CSI, since CSI holds the legal rights to the name "Cobra".
Therefore, using your definition of what is and isn't a Cobra, i.e., having the legal right to a car a "Cobra"-- and noting that ERA does not have the legal right to the name "Cobra" and has not once referred to its car as a Shelby Cobra- ERA is clearly not trying to pass its car off as a Shelby Cobra. ERA may contend (and rightly so) that the ERA 427 is an exact visual duplicate of a Cobra, but they're not saying it's a Shelby Cobra.
But, I'm sure you would agree that if ERA or Hyundai, licensed the name "Shelby Cobra" from CSI, then ERA or Hyundai would be selling Shelby Cobras.
Glad I could clear up the confusion for you
