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Sounds like we need to get the courts involved to make a decision on this.
WAIT, they already have! Quote:
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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... :o PS: Bill - Its always DUCK season! |
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Analogies are the comparison of facts supposedly in evidence, right?
FWIW, my license plate is an old black one and says CSX XXXX. |
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." |
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2. Change your plate it's mis-leading. :D |
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Still missing the main crucial point. :rolleyes: you need to read the Registry. |
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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. :eek: |
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You obviously are just citing the part you want without finishing the rest of it on the issue including the "definitional" section. If people are misguided they are misguided. That's how I'll call it. They'll have to deal with it even if it hurts their little feelings, but again if it helps I can add an adjective like "clown" first. You seem to have no issue with that. You are also continuing to miss the crucial point and issue. |
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 |
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Evan, you own a gorgeous Shelby Cobra replica, which was built roughly 30-35 years after the original Cobras. |
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An LA Exotics for example does not even rise to the level of "replica" if we are using the predominant definition as contained in Websters as used by the Registry. |
JoesGarage: What Shelby do you own? Waiting.
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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." All Cobras are kits. If someone were producing a Cobra today, it would have all of the required equipment such as 5 mph bumpers, air bags, and catalytic converters. The VIN of a Shelby is indistinguishable from a Factory Five or a '34 Ford coupe kit; having been assigned by the state instead of the manufacturer. But none of that matters. What matters is that your Cobra has a genuine CSX nameplate. If money and/or pride in ownership is what matters, we can all see the recognition that CSX nameplate gets at the auction block. It's a kit. But you can be proud to be one of the few that have a genuine Shelby. Its been fun once again to kick this around. One day we will meet and I'll get a look at your beautiful Cobra. Cheers |
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Wrong. My VIN, recognized and recorded by the Commonwealth of Virginia, is CSX6045, taken directly from the MSO and manufacturer's data plate. No state-issued VIN. |
Good to know. I only checked a couple of states before I wrote that.
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My IL title had my CSX number listed as the VIN and listed as a 1965 Shelby Cobra.
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