Quote:
Originally Posted by REAL 1
Actually, you are right about one thing. I did equate them. Both are Shelby Cobras ...
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Fortunately the honorable Judge Walsh says otherwise, this trumps your BS and there is not a damn thing you can do about it
"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."
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