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Kirkham Motorsports

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Old 04-10-2014, 11:18 PM
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For a legal authority we have to go to the courts, which referred to the current production of genuine Shelby Cobras as 'kits or replicas'. They consider those terms to be one in the same. So either term is suitable when referring to any of the non-original Cobras. But who cares?

Use whatever term makes you happy. Call it a hand-built Cobra if that makes you feel better. Better yet, just outright lie and tell them it is an original Cobra. They won't know. You'll make their day and take a step towards eternal damnation.

I like 'kit car' because when I'm talking to people, they generally don't know what they are looking at and only want to know one thing; is it a 1960's car or is it something else? 'Kit car' or 'replica' give a clear answer to their question. I like to use 'kit car' because it is a term people understand. 'Replica' sounds desperate. Like I'm embarrassed or have a chip on my shoulder about my car and I have to use a special term to make me feel better.

I think this summer, I will use the term 'continuation' to see if people understand the term or get confused.
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Old 04-11-2014, 06:36 AM
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Buddyg: No. I said Cobra. You added the word "original". My car is indeed a Cobra. Again, I refer you to the Registry. There are original and current production Cobras that exist today.

LMH: That's not the issue in question in this thread.

Thor Maine: There were only a few correct statements in your post one of which was obviously you had too much too drink. Likely also responsible for that bow tie power plant you used.

Paul F: As I recall those decisions, one in 2002? and one in 2010? neither said what you said. Moreover, neither dealt with the question here but different issues so even if they said what you claim it would be merely "dicta' as opposed to being part the court's ruling on the issue as courts don't provide advisory opinions they resolve legal disputes in issue. The issues were trade dress and trade mark infringement in both cases. Moreover, Court's in deciding issues don't decide by themselves but based on proofs submitted by the parties and among the proofs many times used are experts.

But.... If hyothetically this were an issue before a court (lets make believe, since you guys like to make believe anyway) I would call SAAC as my experts and use the Registry as my authoritative text. Whose your expert? Thor Maine or another "unbiased" CC member here?
Hope this helps.

Cheers.
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Old 04-11-2014, 07:19 AM
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It seems this thread is at loggerheads, how about a different perspective ….

Think in terms of fine art , the originals are in limited supply, always a hot item, and command premium prices. Yet, many want to have an example in their possession. Just like a Warhol, Dali, Picasso, Van Gogh or Ansel Adams. All of these great artists have been reproduced in one way or another.

Call your cobra a continuation, reproduction, replica, kit, tribute or whatever you want. Appreciate that when you open the garage, you have an example in your possession.
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Old 04-11-2014, 08:16 AM
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Quote:
Originally Posted by REAL 1 View Post
Buddyg: No. I said Cobra. You added the word "original". My car is indeed a Cobra. Again, I refer you to the Registry. There are original and current production Cobras that exist today.

LMH: That's not the issue in question in this thread.

Thor Maine: There were only a few correct statements in your post one of which was obviously you had too much too drink. Likely also responsible for that bow tie power plant you used.

Paul F: As I recall those decisions, one in 2002? and one in 2010? neither said what you said. Moreover, neither dealt with the question here but different issues so even if they said what you claim it would be merely "dicta' as opposed to being part the court's ruling on the issue as courts don't provide advisory opinions they resolve legal disputes in issue. The issues were trade dress and trade mark infringement in both cases. Moreover, Court's in deciding issues don't decide by themselves but based on proofs submitted by the parties and among the proofs many times used are experts.

But.... If hyothetically this were an issue before a court (lets make believe, since you guys like to make believe anyway) I would call SAAC as my experts and use the Registry as my authoritative text. Whose your expert? Thor Maine or another "unbiased" CC member here?
Hope this helps.

Cheers.
No, you are wrong. It refers exactly to the OP's question.
Larry
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