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Kirkham Motorsports

 
 
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  #26 (permalink)  
Old 08-08-2001, 01:22 AM
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Join Date: Feb 1999
Location: Evansville,IN, IN
Cobra Make, Engine: Contemporary-Aluminum 484 FE
Posts: 412
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Fella's - lawsuits are decided based upon the law and the facts in any given case. My question is where are you guys getting your facts? Facts are not normally based upon hearsay or speculation, but upon the legal definition of personal knowledge or observation. You can speculate all you want obviously, but it is a fruitless undertaking, much like wishing. I am sure all of the parties to the litigation have been instructed not to discuss the facts of the case, which is standard advice. Certainly SA should not be discussing their case on this site anymore than Superformance or FFR should be revealing the facts that they will attempt to introduce at trial. This is the reason that it is unclear at this point whether SA and/or Ford timely pursued their claims against two cobra manufacturers that are relatively new to the hobby, as both FFR and Superformance are late bloomers in the hobby. In my opinion that may have been a consideration, why they were sued, as opposed to other manufacturers. It can be argued that Superformance and FFR did not contribute to the immense popularity afforded to the Cobra, but have reaped the benefit of a great many who went before them just as the original Shelby cars have done. It is obvious that SA has made attempts to enforce their perceived rights in the past. There are a number of cobra related companies that pay a royality to SA. Did SA waive their rights to bring a claim against ERA, Contemporary, Unique, etc., they may have, I don't know all the facts, and the folks that are privy to the facts are not discussing them and that is normal. Although I have been a trial lawyer, both criminal and civil , for longer than I care to admit, I am no expert in infringement cases. In my opinion, just because SA may have waived causes of actions against certain manufacturers doesn't mean they waived them to all manufacturers. You don't reckon the purchase of Contemporary by some sharp young guys on the East Coast, may turn out to be a much better deal than anticipated? I personally hope the judge orders all replicas be powered by FE's in the future; if you don't personally build your own replica or at least build or install your engine, you are subject to contempt of court charges, and all fines will be sent directly to the Shelby heart fund, and violators are not allowed to give advice to wannabees, or if they do, the fines are doubled.

Turk-do you want a garage or not?
wt
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