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RodKnock 02-06-2008 12:49 PM

Quote:

Originally Posted by Excaliber (Post 812355)
Interesting legal approach with the SAAC suit against Shelby. SAAC states the license agreement was secured through fraud.

In a nutshell, what is SAAC's argument for fraud as it pertains to obtaining the license agreement?

CHANMADD 02-06-2008 01:08 PM

What did I say about causing a rift ?????

Dan Stryffeler 02-06-2008 01:54 PM

RodKnock,

I'm assuming that the fraud claim comes from the latest SAAC newsletter, (text below), but I could be wrong...

Dan

Once Shelby became more involved with cars, in the 1980s, the agreement he had with SAAC was based on a handshake. SAAC could use his name and likeness in the promotion and operation of the club. In the 1990s when his licensing company was chasing everyone who produced anything he had trademarked, SAAC received an official 12-page licensing agreement. “Why do we need this?” we asked him. “Don’t worry,” we were told, “it doesn’t change anything. It just keeps my lawyers happy.”

JWheaton 02-06-2008 03:13 PM

SAAC.

CS and his employees would have done a far better job embracing what SAAC had accomplished then going the route he chose.

The most disappointing aspect is that this lawsuit will drain resources away from both organizations that could provide better services to their respective (and in common) clientele.

What's the phrase ----"some people can't see the forest thru the trees"? I wish SAAC well, as this argument should have been debated in 197(x) while CS could have given 2 craps about Cobra anything, not over 30 years later.

:(:confused:%/

PatBuckley 02-06-2008 03:53 PM

How are ya doin' Evan?

Naumoff 02-06-2008 03:59 PM

Quote:

Originally Posted by JWheaton (Post 812421)
SAAC.

CS and his employees would have done a far better job embracing what SAAC had accomplished then going the route he chose.
The most disappointing aspect is that this lawsuit will drain resources away from both organizations that could provide better services to their respective (and in common) clientele.

What's the phrase ----"some people can't see the forest thru the trees"? I wish SAAC well, as this argument should have been debated in 197(x) while CS could have given 2 craps about Cobra anything, not over 30 years later.

:(:confused:%/

This is a good point and and has been stated in other threads.
CS's lawyers must not be car guys. :(

As any P.R. person would agree the more you give away stuff or sell stuff with your name on it the better it is for business.
SAAC has promoted the Shelby label for years with out a dime from him.
That to me is free advertisement.
And pumped up genuine Shelby Mustangs and Cobras value as they have acquired information about and kept track where as many of the original cars are.

It just doesn't make sense.
Is he going to sue all those kids with his name too?
I wonder how the Ferrari club is doing?

dblbarrel 02-06-2008 07:07 PM

Quote:

Originally Posted by PatBuckley (Post 812432)
How are ya doin' Evan?

roflmao:3DSMILE:

dblbarrel 02-06-2008 07:21 PM

Back to topic it appears to me Shelby is paying a lot of people, a lot of money
to destroy his legacy for a freaking nickel.
It is sad, they are destroying the value of his name, dont get it.

427sharpe 02-06-2008 09:39 PM

Quote:

Originally Posted by RodKnock (Post 812375)
In a nutshell, what is SAAC's argument for fraud as it pertains to obtaining the license agreement?

Basically, from the filing, SAAC feels that C$ enjoined them to sign the agreement as a formality 'jus' ta keep my lawyers happy' and that the enforcement of the contract was to be superceded by the gentlemens agreement that had been in place for 30 years. This is lent credence by the fact that C$ did not seek the $1 per annum fee or financial statements in a timely manner.

Ron61 02-07-2008 03:45 AM

In this day and age of sue happy people a hand shake or Gentleman's Agreement means nothing. Crap, even a signed contract means nothing if one side sees a way to make more by ignoring it. Look at the baseball players who just walk out on multi year contracts, but insist that the team owners be held liable to honor the contracts.

Why can't SAAC and SCCA just get together and agree that the SCCA will continue to handle all of the older and original car records and registry and that SAAC will keep the records and do the registry for any Shelby stuff after his return from Africa? Guess that would make to much sense.

Ron :confused:

Don 02-07-2008 09:56 AM

The March edition of Road & Track has a four page article by Peter Egan, Editor-At-Large, starting on Page 87: " Lotus Summit, The Colin Chapman fan club and their cars gather.............."

Lotus, Ltd. Presents Lotus Owners Gathering 2007 in Aspen Snowmass, CO

A comparison can be made to the topic on this Thread on how Lotus/Chapman and the Lotus Owner's Group ( LOG ) have mutually benefitted from a very positive relationship .

To quote as written by Peter Egan:

" Ever since Colin Chapman conceived the simple yet perfect lines of the Lotus Seven in 1957, home mechanics and small volume car builders have been copying the classic boy-racer concept. Caterham of England can claim the direct blood lines-they acquired the rights to the original Lotus design from Chapman himself and are still building the 7 with various driveline and suspension options-but many others have joined the almost-a-Lotus ranks of 7 builders as well. Westfield, for example, has made both 7 and Lotus II-style kits and these cars, interestingly enough, were openly accepted at LOG27. No snobbery here with Lotuses, the cult of physics and concept is at least as powerful as that of the number plate "

Note: Three of the Concurs Award Classes were Caterham 7, Replica and Extreme Street Modified

1ntCobra 02-07-2008 10:13 AM

Quote:

Originally Posted by Ron61 (Post 812594)
In this day and age of sue happy people a hand shake or Gentleman's Agreement means nothing. Crap, even a signed contract means nothing if one side sees a way to make more by ignoring it. Look at the baseball players who just walk out on multi year contracts, but insist that the team owners be held liable to honor the contracts.

Why can't SAAC and SCCA just get together and agree that the SCCA will continue to handle all of the older and original car records and registry and that SAAC will keep the records and do the registry for any Shelby stuff after his return from Africa? Guess that would make to much sense.

Ron :confused:

When did the Stock Car Club of America get involved with this mess? :confused:

Excaliber 02-07-2008 10:36 AM

Well Ron61 is a little older than most of us and I'm sure it's just a typo or a senior moment (SCCA vs SAI) so we should cut him a little slack (or a lot, as the case may be). :D

By the way, Ford is going after people using the Mustang label, among other names, and has been for a year or so.

Quote:

A source at Ford, who asked to remain anonymous, explained that Ford has decided to "reclaim its legacy" by protecting its trademarks and logos. "The intent is to eliminate the use of trademark names,"
Sounds very much like what Shelby is saying.

Ron61 02-07-2008 11:31 AM

:(

1NTCOBRA,

Sorry, my bad. It was a typo and I never read the post very closely before submitting it. I meant to put the new Team Shelby group and was looking at one of my old SAAC Magazines while posting. It had an article about an SCCA event in it and I just messed up. When you get past your teen years and into the age range I am, it is very difficult to think and read at the same time.

Ernie was correct. At my age you don't have Senior Moments, you have Prehistoric Minutes. :eek:


Edited To Correct Magazine name:

Ron :)

1ntCobra 02-07-2008 11:50 AM

Quote:

Originally Posted by Ron61 (Post 812728)
:(

1NTCOBRA,

Sorry, my bad. It was a typo and I never read the post very closely before submitting it. I meant to put the new Team Shelby group and was looking at one of my old SAAC Magazines while posting. It had an article about an SCCA event in it and I just messed up. When you get past your teen years and into the age range I am, it is very difficult to think and read at the same time.

Ernie was correct. At my age you don't have Senior Moments, you have Prehistoric Minutes. :eek:


Edited To Correct Magazine name:

Ron :)

Don't worry about apologizing for confusing me. Sometimes it does not take much. :JEKYLHYDE

Your post makes sense to me now if I do the following:
- replace SCCA with SAAC
- replace SAAC with SAI/TeamShelby

What'saCobra? 02-07-2008 01:19 PM

Gee. Might we learn something from our British friends about how to run a marque club? Lotus is like most of the Brit clubs. Open and welcoming to those in love with the Marque's history, rather than just their own prestige.

Nah! NIH prevails. Not invented here.

Meanwhile, i thought the New (1959) name of the current SCCA was Sports Car Club of America, as before. But, certainly not Stock cars. 'Cause, they certainly aren't very stock at the SCCA Nationals. Then again, the original club membership of "real" sports cars, that is, those refusing to allow chicken'swit roll bars welded into their primo Pakard SpeedTwins, Bugattis, Talbots or Delahayes, became the VINTAGE Sports Car Club of America. THEY are at least sort of stockish, with some period improvements for safety and a little less cheating. Most of them, however, are only barely streetable and not often registered.

Now, Stock Cars, are really USAC and its various spin-offs. They long ago stopped being even CLOSE to stock cars, thanks to Smokey, Junior, Fireball and lots of other real heros.

Perfectly clear, right?

There are nof 'rigging stock cars. (Well, there are a few in time trials and some rallys and gymkanas and a few ice races and ...)

computerworks 02-07-2008 03:51 PM

...just checking in... everything OK here?

RACER X #99 02-07-2008 03:56 PM

Seems OK since Jamo sent a couple of guys to go sit in the corner for a while.

One real Shelby collector and one Shelby wannabe collector.:LOL:

computerworks 02-07-2008 04:01 PM

...that's good.

Jamo 02-07-2008 04:16 PM

Evan...three days off per my warning.

Back on topic.


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