Did the Cobra exist before Carroll Shelby visited AC?

[Russ Dickey]

I know, I know, it's a dead pony. But some of you guys, especially Bandit 1, just don't seem to be getting how the product development/licensing/royalty thing works. I'll try to simplify:

Shelby took two exisiting products and merged them into one, make subtle but definitive changes/modifications to each, thus creating a brand new product. Doesn't matter if the name "Cobra" had been used before, or if the AC car's that looked similiar had been out for years, Shelby's Cobra is a BRAND NEW product. He doesn't have to pay AC or Ford royalties at the time, because they are all partners in the effort, and each are profiting from it's manufacturer and sale.

Now, fast-forward a decade or two. If anybody else is going to use that product's likeness on down the road, then they legally need to pay the original creator to use it. Yes, you can all argue that FFR, SPF, ERA, etc., etc., have made their own modifications and improvements to the original design, thus creating their own new products, but the fact that their product is based on the likeness of the original obligates them to pay Shelby a royalty.

Just like in my first example, I would have to pay Jeff Gordon and Dale Jr. additional royalties if I created a new product which utilized two exisiting Gordon and Earnhardt products, for which they had already been paid! That's the way the law works. It may not have worked this way for Shelby, but again, in my opinion it comes back to a time issue. He just waited too long to go after the replica mfrs. I can assure you that had Shelby acted earlier, and gone after Steve Arntz or whoever the first replica mfr. was, he would have won his case.

I mean, look at it this way: when the diecast collectible companies want to make a 1/18th (or whatever) scale collectible version of a Cobra, THEY HAVE TO PAY A ROYALTY TO SHELBY. And that's on a damn toy! Why should a full size version be any different????

Again, who cares that Shelby waited 20 years to try and get some $$$ from the replica companies? They are profiting from builiding vehicles that replicate the likeness of a NEW vehicle that he created and made famous around the world.

Bandit, you keep harping that Shelby "is just out to make money". What do you do for a living??? Were you Mother Theresa's personal assistant, or work for a non-profit organization? Do you give any extra money that you have to charity?? I think the fact that I see you are builiding a 577ci Cobra means no. Deal with the fact that we capitalists are out to make money.

It all comes down to integrity: if YOU had created a product, which garners you a little money and fame at the time, then 20 years later 100 other companies take a nearly-exact replica of your product and begin making even more money, wouldn't YOU feel slighted?? Do a gut check and answer honestly. Of course you would. And rightfully so.

Peace Out.

Russ