Certainly intersting reading. But, this begs the question that if Shelby "...sold the name 'COBRA' to Ford for a dollar...", why he seems to be so interested in suing kit car manufactures, especially FFR? If he KNOWS and has ADMITTED selling the name, then where's the impetus to sue anyone? Insofar as the "trade dress" argument, he admitted that he "...took a car fom AC..." and so on. To my way of thinking, he's just admitted that 1) he sold the name Cobra, and 2) that AC made the original body shape! So, where's the reason to sue, Carroll? We know where's the reason, don't we, boys?
Look, the bottom line is easy: Without the kit car/replicar industry there wouldn't be near enough interest in Cobra-bodied cars to make a hill of beans. Indeed, these were fantastic cars for their time, and more fun than a bottle of Wesson
oil in a topless joint! But, there were only about 550 original Cobra-bodied cars built - period! Hell, there were only 31 AC bodied 427 S/C ever built out of a total of less than 400...386, I believe. (I have the official count in a book at the house, "Illustrated Shelby Buyers Guide") He says, "...we're past the Cobra days...", but his actions bely his true attitude.
I'll wager if every kit car/replicar manufacturer agreed to pay ol' Shel a little 'gratuity' on every car they sold, say $500 or so, he'd drop his suit quicker than my dog drops his load every morning!
Sorry, guys, while indeed ol' Shel's comments and demeanor are engaging, and certainly he is the absolute - bar-none -
EXPERT on all things Cobra as well as being able to turn-a-phrase with the best of 'em, I can't help but think he's talking out of both sides of his mouth. With apologies to anyone who visits ClubCobra who may be involved with the legal profession, the only ones who stand to make anything from ol' Shel's suit are the lawyers involved. ...and we all know what ol' Will said about all the laywers!
The only ones who stand to lose in this suit are the Defendants and US, as consumers. To sue a replica manufacturer is to sue everyone who owns a replica, whether they built it themselves or purchased it as a turn-key.
Personally, even though I respect Ol' Shel for what he did, he's not someone who I'd like to get to know a whole lot better. Sorta like training a Rottwieller - you'll never know when he'll turn on you and attack.
Okay, flame retardent suit on, helmet, boots, and gloves...Fire away...
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