Why does every thread here devolve into a "Real" vs. "Replica" argument?

[Paul F]

Ok, it turns out I am ignorant and stupid. Indeed, there it is, after combing through the trademarks again, I found it. Ford does have a trademark for Cobra applicable to automobiles. But Shelby does not. So no one that has a roadster that was built after the '60s can call their vehicle a Cobra. That word is reserved for cars made by Ford. [edit] keep in mind that these trademarks come and go over time. [end edit]

Ford has it trademarked under several filings. They have it trademarked for a lot of stuff.

Valve caps, Jewelry, Floor mats, Cloth patches for clothing, watches, pens, pencils, pen and pencil holders, markers, playing cards, ] [ trading and collector cards, ] [ stationery folders, desk top holders, ] calendars,[ pocket pen shields, paper weights, letter openers, posters, note pads, self-adhering note paper pads, note pad holders, pocket secretaries, paper identification luggage tags,] decals, reproduction lithographic prints, bank checks, [ checkbook covers, automotive history books, coloring and activity books, paper napkins, paper banners, paper flags, postcards, bumper stickers, coasters made of paper, paper table cloth, gift wrapping paper commemorative plates, glassware,] mugs, [steins, bottle openers, paper plates, paper cups, vacuum bottles,] [ insulated containers for food or beverage, ] [portable coolers,] [ thermal cups, ] [can wraps, plastic coasters, trivets, serving trays not of precious metal, corkscrews, squeeze bottles, brushes with ice scrapers, ornament replicas of vehicles in glass, crystal, and ceramic]. metal goods; namely, key rings, key fobs, money clips, non-luminous and non-mechanical signs, [ banks, decorative boxes, ] and license plates * , all for use in connection with the promotion of automotive vehicles *.

[jhv48]

So, how does SAIC get to use the term?

Special permission from Ford? Enquiring minds want to know!

Oops, asked and answered.

[Joe's Garage]

Originally Posted by Paul F

... Ford does have a trademark for Cobra applicable to automobiles. But Shelby does not. So no one that has a roadster that was built after the '60s can call their vehicle a Cobra ...

Are you sure? That's a mouth full, the RAMIFICATIONS are COLOSSAL

[twobjshelbys]

Originally Posted by Joe's Garage

Are you sure? That's a mouth full, the RAMIFICATIONS are COLOSSAL

Like he said, you can't. The "colossal" ramifications are why the word "Cobra" appears on Cobras from Shelby American, and no one elses. Like I said, several tried and lost. Shelby lost the "trade dress" (look and feel) but Ford still owns the Cobra trademark. Factory Five lost, Superformance (Hi Tech) entered into a license agreement although I don't think they use "Cobra" in the description of the car.

Everyone uses the term "Cobra" colloquially to refer to the cars, much like people use the term Crescent Wrench (trademarked) as the generic term for an adjustable wrench or "Kleenex" for tissues. The USPTO has declared that such usages do not diminish the owners rights.

It is an urban legend/old wives tale that Shelby sold the Cobra trademark to Ford for $1. It is Ford that enforces the use. They have lots of lawyers.

[Joe's Garage]

Originally Posted by twobjshelbys

Like he said, you can't. The "colossal" ramifications are why the word "Cobra" appears on Cobras from Shelby American, and no one elses. Like I said, several tried and lost. Shelby lost the "trade dress" (look and feel) but Ford still owns the Cobra trademark. Factory Five lost, Superformance (Hi Tech) entered into a license agreement although I don't think they use "Cobra" in the description of the car.

Everyone uses the term "Cobra" colloquially to refer to the cars, much like people use the term Crescent Wrench (trademarked) as the generic term for an adjustable wrench or "Kleenex" for tissues. The USPTO has declared that such usages do not diminish the owners rights.

It is an urban legend/old wives tale that Shelby sold the Cobra trademark to Ford for $1. It is Ford that enforces the use. They have lots of lawyers.

Agreed, updated reply to CompClassics for accuracy ...

... you stated that enthusiasts with Replicas 'sign-in' to car events and shows with; Cobra, 427 Cobra, Shelby Cobra etc. which is dishonest. Agreed, if everybody was to be honest the sign-in roster would have; SPF Replica, ERA Replica etc. As for the Kirkhams, maybe Kirkham Cobra Replica is acceptable due to the symbiotic relationship? For the Shelby CSX4000/6000 cars you would see Shelby Cobra + some discriminator (like what's on the MSO "Component Vehicle") so as to separate themselves from the Originals. Only Originals can sign-in with Shelby 289/427 Cobra or something similar (with no additional qualifier required).

... if you are going to be honest about your "Replica" or "Shelby Cobra".

Nice rabbit-hole excursion Paul F.

[Jamo]

Originally Posted by twobjshelbys

Like he said, you can't. The "colossal" ramifications are why the word "Cobra" appears on Cobras from Shelby American, and no one elses. Like I said, several tried and lost. Shelby lost the "trade dress" (look and feel) but Ford still owns the Cobra trademark. Factory Five lost, Superformance (Hi Tech) entered into a license agreement although I don't think they use "Cobra" in the description of the car.

Please...you don't know enough to be talking about the legal battles and what their results are, so kindly be quiet. And no, I am not going to to waste my time explaining the lurid details. If you don't know for sure...be quiet.

That's it...no further warnings to anyone. I'm about to slam this thing shut and bounce the next folks that ever bring up this stupid argument again.

Try me...

[REAL 1]

Originally Posted by Jamo

Please...you don't know enough to be talking about the legal battles and what their results are, so kindly be quiet. And no, I am not going to to waste my time explaining the lurid details. If you don't know for sure...be quiet.

That's it...no further warnings to anyone. I'm about to slam this thing shut and bounce the next folks that ever bring up this stupid argument again.

Try me...

Whoa. Wait just one minute there buster. 1. This man said nothing wrong nor in an insulting manner in the post you are referring to. 2. Dos Shelbys is 1000% correct in his statement.

Now let me make an observation. Joe'sGarage misused and misapplied to his fallacious argument a snipet from a Federal decision dealing with trade dress over and over and over and yet you said nothing. Two Shelbys accurately states the result of legal decisions and you threaten to ban him. I call Bull$hit on that.

You allowed pages and pages and personal attacks on me without lifting a finger to the keyboard. You threatened to ban me (likely will be banned for this, oh well) because of the other threads I posted yet allowed the attacks to go on for days and days and pages and pages and then threaten to ban me. Further take a look at the posts after my OP and see who was really creating the problem and dumping all over my OP. Hint. It wasn't me. It was a concerted group effort of others.

If you didn't like those other threads you should have closed them down or locked them immediately and sent me an PM to stop whatever it is that got your nose out of joint. You didn't. Instead you threaten to ban me days later.

So far no one has hit the reason for calling pretend Cobras "Cobras" except Two Shelbys. Nailed it.

JoesGarage: Hey aren't you the guy that kept posting the picture of the little clown popping back up as representing me???? You want me to restate what I've said before over and over and over as to the legal basis and factual basis for the Continuation Cobras being a Cobra/Shelby Cobra and genuine Cobra. Really? Get a Registry and read it.

[twobjshelbys]

Originally Posted by REAL 1

Whoa. Wait just one minute there buster. 1. This man said nothing wrong nor in an insulting manner in the post you are referring to. 2. Dos Shelbys is 1000% correct in his statement.

Now let me make an observation. Joe'sGarage misused and misapplied to his fallacious argument a snipet from a Federal decision dealing with trade dress over and over and over and yet you said nothing. Two Shelbys accurately states the result of legal decisions and you threaten to ban him. I call Bull$hit on that.

You allowed pages and pages and personal attacks on me without lifting a finger to the keyboard. You threatened to ban me (likely will be banned for this, oh well) because of the other threads I posted yet allowed the attacks to go on for days and days and pages and pages and then threaten to ban me. Further take a look at the posts after my OP and see who was really creating the problem and dumping all over my OP. Hint. It wasn't me. It was a concerted group effort of others.

If you didn't like those other threads you should have closed them down or locked them immediately and sent me an PM to stop whatever it is that got your nose out of joint. You didn't. Instead you threaten to ban me days later.

So far no one has hit the reason for calling pretend Cobras "Cobras" except Two Shelbys. Nailed it.

JoesGarage: Hey aren't you the guy that kept posting the picture of the little clown popping back up as representing me???? You want me to restate what I've said before over and over and over as to the legal basis and factual basis for the Continuation Cobras being a Cobra/Shelby Cobra and genuine Cobra. Really? Get a Registry and read it.

And there were people who knew that statement was incorrect and made no effort to correct it. To his credit, he eventually did so.

[trularin]

Originally Posted by REAL 1

You allowed pages and pages and personal attacks on me without lifting a finger to the keyboard. You threatened to ban me (likely will be banned for this, oh well) because of the other threads I posted yet allowed the attacks to go on for days and days and pages and pages and then threaten to ban me. Further take a look at the posts after my OP and see who was really creating the problem and dumping all over my OP. Hint. It wasn't me. It was a concerted group effort of others.

Now this is rare. As you all know I usually do not quote.

If I may observe sir, you bring this upon yourself. You have made mention that you enjoy it. So do not attack Jamo because you asked for it.

Tru