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Factory Five Suit Dismissed
Happen to see on the other forum where the suit against Factory Five was dismissed. Some issues still pending.
Frank |
Ding, Dong the witch is dead!
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Justice has been served!
FIA Mike |
I read through the decision and the bottom line is ol' Shell and his lawyers got punk'd as it relates to his suit of Factory Five... It wasn't even close. What a waste of time and $$$. Pitiful.
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Would love to read the decision. Can you PM me or post the link?
Matt |
The lawsuit was just an attempt to put FFR out of buisness while the economy was in the crapper. kudos to FFR for standing their ground. Old shell should just worry about running his own buisness and leave others alone. Just my two cents. MadDog
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I am ignorant of a lot of the legalese in this decision. Would some of the lawyers on this site be so kind and put the details of this decision in plain english? What is the significance of the one part that was not dismissed? Thanks.
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Mod Note.
It's always good news when a suit within the hobby like this is dismissed. If you wish to comment here with good wishes to FFR, you may. Negative posts will not remain here. We do have a policy of not discussing active litigation within the hobby on this site, however. The remaining suit involves the FFR Forum; we do not wish to discuss that topic here. Post you questions or queries on http://www.ffcobra.com if you like. Thanks ron ClubCobra Moderator |
I hope no one interpreted my question about the court decision as negative. I am very happy for FFR and the entire replica industry. This is indeed good news. Neither am I asking anything about active litigation, I was only asking for clarification of this court decision that has already been handed down. What, exactly, does this decision mean to FFR and the replica industry? AND best of luck to FFR!
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The court has a sense of humor:
"The second lap in this high-octane litigation began on December 1, 2008, when Shelby again filed suit against Factory Five . . ." |
Personally, I don't think the purpose of the suit was ever to win.
I believe it was to bully FFR into submission via huge legal defense costs. Kudos to FFR for standing their ground. |
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Will someone clarify what the final results were in plain English?
Dex.. |
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Court decision
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 :CRY: |
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. |
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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. |
This ain't over yet!
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