Hey Freddie:
As Wayne pointed out Carroll Shelby holds the rights to Cobra name. He therefore has the right to protect it. Carroll Shelby was the father along with Ken Miles of the 427. Not AC. Shelby and Miles designed it with help from Claus Horning at Ford. AC was merely the subcontractor who built the bodies and frames per Shelby spec.
Shelby has a the right to seek to enjoin replica companies that still claim they make "Cobras" The replica companies (none of them) make Cobras. Never did. They have no right to call their cars Cobras, Shelby Cobras or use the badging of a Cobra. Shelby American is the only company that holds those rights and they are certainly within their rights to seek to protect that. I don't think its the "lawyers". Remember, regardless of what ol' Will said about lawyers, everyone hates them until they need one.
STG: Back in the 60s AC (who made the AC 427 for european consumption) sold a bunch of aluminum bodies and steel frames to a little performance shop in California. Sound familar?
The trade dress issue is a little more difficult in my mind. Complicated by time. I think Shelby should have moved quicker but on the other hand Shelby did approach the replica industry years ago. The replica industry in my opinion knew they were copying one of the most recognized body shapes of all time. They certainly can't claim surprise that these issues came up. They saw the storm brewing for years. They should have looked to reach a compromise when first approached. They knew they were inviting possible litigation when they began copying the car and especially when some of them started calling them "Cobras" They should have recognized Shelby's claims years ago and compromised with him. The replica industry is not blame free in this either.
Dan: Based on the above I certainly do not see the Shelby litigation as "frivilous" Some claims may be weaker than the other but not frivilous.
I would personally like to see the litigation settled in some form of compromise. The Shelby and Cobra name and logos are entitled in my view to protection. I would hate to see, however, companies forced to chop up molds. The last thing we need is to chop up all the enthusiasum. If nothing else I believe the replica industry helped to keep the myth and legend of the Cobra alive in public consciencenous. I would like to see a compromise reached that would allow replicas to continue to be made and affordable to people who have a passion for the car under some type of license agreement with SAI.
This is all my .02 Cents.
Speed Waxer
