Factory Five Suit Dismissed

[Hexnut72]

Originally Posted by SKINNEDR

Will someone clarify what the final results were in plain English?
Dex..

Looks to me like it was "thrown out" because of the agreement they reached with FFR in 2002. The other parties listed had no such agreement so the judge wants to look further.

[Cobra Lite]

I too hope a member with legal training will explain what the decision means in plain English.

It appears to be thrown back to Shelby to start over by informing in writing what exactly his complaint is, and allow FFR time to correct it. So in effect, he could do the whole thing again.

I will say I am glad that there has been a decision and also that I do hope FFR, and FFCobra will prevail and not be ruined.

I do find it very sad that the entire suit was brought on. If Shelby wins, who will be next? At least one company has been put out of business already.



I will say that Shelby doesn't see that all of our interest and activities make him MORE famous, rather than hurt him in any way.

And as has been said, the only winners are the lawyers

[MFE III]

Here's my read. The portion of the suit claiming that FFR's Type 65 coupe infringes on CS's copyright of the Daytona Coupe, was dismissed with predjudice (can't refile) as it was covered in the settlement of the prior litigation. The portion of the suit claiming FFR used copyrighted terms (such as Shelby, Cobra, GT 500, etc.) as metatags* on the FFcobra website, was dismissed without prejudice (can refile) since CS didn't give 30 day advance notice to remedy the problem before filing suit as was required in the settlement of the earlier lawsuit. Basically, this part was thrown out on a technicality allowing them to fix the technicality and refile.
It's anyone's guess whether CS will refile or not.

* Metatags are text placed in websites to pick up hits from internet search engines like google, yahoo, etc.

[TButtrick]

Originally Posted by MFE III

Here's my read. The portion of the suit claiming that FFR's Type 65 coupe infringes on CS's copyright of the Daytona Coupe, was dismissed with predjudice (can't refile) as it was covered in the settlement of the prior litigation. The portion of the suit claiming FFR used copyrighted terms (such as Shelby, Cobra, GT 500, etc.) as metatags* on the FFcobra website, was dismissed without prejudice (can refile) since CS didn't give 30 day advance notice to remedy the problem before filing suit as was required in the settlement of the earlier lawsuit. Basically, this part was thrown out on a technicality allowing them to fix the technicality and refile.
It's anyone's guess whether CS will refile or not.

* Metatags are text placed in websites to pick up hits from internet search engines like google, yahoo, etc.

I believe FFR's use of trademark metatags were for their own web site, not ICP's. They linked to ICP's web site at the time. ICP's use of trademark metatags is ongoing and not dismissed.

[jhv48]

This ain't over yet!