Factory Five Suit Dismissed

[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.