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

[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