How do you handle the questions?

[RodKnock]

Originally Posted by REAL 1

Again, since you are not questioning the "continuity" of SAI (wisely)...

Huh? Wha? What continuity are we talking about? Shelby didn't make a Cobra for at least 30 years. Is that "continuity"?

Maybe we should use a dog's pedigree now as an analogy for Shelby's replicas. Are the dog's bloodlines the same, when they go extinct, and then 30 years later, a breeder decides to breed the same dog again? And they have every chromosome exactly the same. I think they would call those new REPLICA dogs "clones" or something.

[Jaydee]

What about the PT Cruiser. Does the owners drive around expecting the public to think they are real 1900's classics?
I think we should all just agree there are 3 Cobras. The [when asked] real one, 1960's Cobra, the continuation Cobra and then all the rest, the copies. replicas, kits etc. Any smart arse answer to the public asking, will just let them walk away thinking what a wanker we are.
JD

[rodneym]

So because a new XYZ, that is a continuum of evolution of a 60's XYZ, made by different people/machines/engineers, moved production to a different country even, under new conglomerate ownership, is more...real?

Are you saying it's more about a conituation of a brand?

[RodKnock]

Originally Posted by rodneym

So because a new XYZ, that is a continuum of evolution of a 60's XYZ, made by different people/machines/engineers, moved production to a different country even, under new conglomerate ownership, is more...real?

Are you saying it's more about a conituation of a brand?

I've said why I think Shelby Cobras are replicas, one of which is that the Shelby company is not the same company, partly due to the 30 year lapse in production. More real? Companies evolve and that's fine, but cars companies cannot build and sell 1960's cars to the public for road consumption today. Porsches and Corvettes are real, but they've changed dramatically over the years for many reasons.

[trularin]

This just does not end.

For those with the notion - everyone's poop has odor.

May I propose the mud ( or poop ) slinging be civil?

There are people that are fixed in their minds that a Rolex is something more than just a time piece. There are also people that see the same watch as a indicator of time.

These are what make us - US. The wisdom to see this is in each member of this club.

I will get off the soap box - this seems to be a "touchy" subject ALL the FRIGGIN TIME.

Tru

[mrmustang]

[Joe's Garage]

Sounds like we need to get the courts involved to make a decision on this.
WAIT, they already have!

Originally Posted by Paul F

Why does this question give people so much angst? We've discussed this a few times. The answer is 'It is a kit car'. I know you don't think so, but if it isn't a 196x Cobra, it is a kit car; at least in the eyes of the person that is asking (this includes Shelby continuation cars per judges Rogers, Walsh and Bergsman),,,

[REAL 1]

Originally Posted by Joe's Garage

Sounds like we need to get the courts involved to make a decision on this.
WAIT, they already have!

Still lost I see. See the above.

[Dimis]

You boys have really complicated something simple...

Anyone trying to pass of a NON-1960's Cobra as the REAL McCOY is being purposefully disingenuous, or out right fraudulent.

Leaving people hanging with idea that they are in the presence of the Real McCoy tells me more about that person than it does about the car...


PS: Bill - Its always DUCK season!

[RodKnock]

Originally Posted by Dimis

PS: Bill - Its always DUCK season!

Then you can't be a liberal, since liberals won't harm animals.

[REAL 1]

Originally Posted by Dimis

You boys have really complicated something simple...

Anyone trying to pass of a NON-1960's Cobra as the REAL McCOY is being purposefully disingenuous, or out right fraudulent.

Leaving people hanging with idea that they are in the presence of the Real McCoy tells me more about that person than it does about the car...


PS: Bill - Its always DUCK season!

Here I'll help since the above needs refining to be completely fair.

1. You are being disingenuous if you "intentionally" pass of a Continuation series Cobra as an original series. If license plates are a measure my plate accurately states what the car is factually and legally. (Hey PaulF, you need to find the decision where the courts ruled/held as opposed to merely "wrote" (hint again) only SAI may legally sell, use, mark, tag or otherwise designate their cars as "Cobras", Shelbys or Shelby Cobras.)
My plate doesn't say "65COBRA", "ORIG427", "BAD65", "65SN8K" or some such other actual intentionally misleading combination attached to a car for instance that is a fake in every respect.

2. You are being intentionally misleading by passing of a non Shelby Cobra off as a "Cobra". It is in reality no such thing. It has as much in common with a Shelby Cobra as the model of one on my desk. The word Cobra should be prefaced with the word "pretend" "fake" or some other synonym with those cars. By a quick perusal of the never ending "Cool" license plate threads we have a lot of actual intentionally misleading conduct going on here.

[Bernica]

Analogies are the comparison of facts supposedly in evidence, right?
FWIW, my license plate is an old black one and says CSX XXXX.

[REAL 1]

Originally Posted by Bernica

Analogies are the comparison of facts supposedly in evidence, right?
FWIW, my license plate is an old black one and says CSX XXXX.

1. No
2. Change your plate it's mis-leading.

[Paul F]

Judge Walsh wrote, from a trademark lawsuit back in 2010 before judges Rogers, Walsh, and Bergsman:

"In the early 1990s, Shelby also began to produce
“continuation” models or his particular replicas of
original Cobras, including the Cobra 427 S/C, also
principally in the form of kits."

[REAL 1]

Originally Posted by Paul F

Judge Walsh wrote, from a trademark lawsuit back in 2010 before judges Rogers, Walsh, and Bergsman:

"In the early 1990s, Shelby also began to produce
“continuation” models or his particular replicas of
original Cobras, including the Cobra 427 S/C, also
principally in the form of kits."

Fascinating. He "wrote" that? So tell us what does that mean that he "wrote" that? Hint.. See one of my previous posts.

Still missing the main crucial point. you need to read the Registry.

[REAL 1]

JoesGarage: What Shelby do you own? Waiting.

[Joe's Garage]

Repeat ...

[cycleguy55]

Originally Posted by Joe's Garage

When it's completed I'll post pictures and gladly talk about it, until then I suggest you focus on a much more serious problem -

It would be done a lot quicker if you focused more on your car and less on this never-ending thread...

[Joe's Garage]

Originally Posted by cycleguy55

It would be done a lot quicker if you focused more on your car and less on this never-ending thread...

Not so, waiting on parts.

[Joe's Garage]

Originally Posted by REAL 1

JoesGarage: What Shelby do you own? Waiting.

As if that's relevant to this discussion. It's just a chassis and body on the garage floor, once completed I'll gladly show pictures and talk about it. Until then I suggest you focus on a more serious problem -

Originally Posted by Paul F

Judge Walsh further wrote:

"Furthermore, we find no meaningful
distinction between what applicant often refers to as a
continuation, on the one hand, and a replica, on the other
hand. Both applicant’s “continuations” and the third-party
replicas are being sold principally in kit form. It is
evident that both are intended to replicate the original
1960s Cobras, including the Cobra 427 S/C."

and

"In 1992, Shelby began to produce “continuations” or
replicas of the original Cobras, including the Cobra 427
S/C, primarily in kit form. A kit typically includes a chassis and body,
but the purchaser is then required to assemble and complete
the car with a transmission and engine and possibly other
parts. Mr. Shelby identified the replicas of the Cobra 427
S/C with the designation CSX 4000.
Shelby has sold the Cobra replica kits for $50,000 to
$150,000."

and

"It is one thing to recognize the legendary status of
Mr. Shelby and the original Cobras, including the 427 S/C,
and quite another to assert that purchasers and potential
purchasers view Cobra continuations or replicas, sold
primarily as kits, which employ the Cobra 427 S/C Design as
coming from a single source. The fact that Cobra replicas,
sold primarily as kits, which employ the 427 S/C Design,
have been sold by numerous third parties for more than
three decades, including between 2002 and 2009, precludes
us from drawing that conclusion. Accordingly, we find
applicant’s evidence based on media coverage of Mr. Shelby
and all of the Cobras not probative of the issue of
acquired distinctiveness." ,,,

What part of "kit car" don't you understand?
You've been skewered, roasted and ready to serve