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Kirkham Motorsports

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Old 02-13-2008, 02:26 PM
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You can read the pertinent aspect of the license agreement here:
http://www.shelbylicensing.com/press.htm

I've heard rumors that since the suit was filed the full document is currently available 'some where' on the web as it is now considered a public document? Otherwise, yeah, it would fall under a 'need to know basis'.

But what is published at Shelby Licensing is enough to see the primary argument. Shelby wants detailed records of sales, to determine their cut I would think. Products for sale must be pre-approved. Pretty typical and what you would expect to see for such a contract (from Ford or GM or whoever). EITHER side can withdraw at any time by simply telling the other side within a certain time frame within the year.

SAAC's position, relative to the actual license to SELL Shelby 'stuff' is that the license was obtained through 'fraud' some years ago. I DO NOT speak for SAAC, just passing on the opinions/observations I've made along the way. I don't see anything in the agreement that gives Shelby the right to the registry and certainly no right to acquire/use the SAAC name. Nor does the license agreement address the return of Shelbys personal 'stuff' (what ever that is supposed to be).

An interesting question might be: ASSUMING the license is in fact valid (a legal point of dispute) what should/will happen to the various trademarked 'goods' in SAAC's possession (hats, badges, etc.)? I would guess Shelby considers the registry to be part of the SAAC 'stuff' for sale and that is the basis for his legal argument.
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Old 02-13-2008, 02:36 PM
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In the event the suit was primarily based on the merchandise SAAC has which uses trade-named items owned by Shelby, it would be a snap to resolve: SAAC would return all of it, take a hit for the value of it (which would total no more than roughly $5000) and everyone would walk away. But clearly, there is much more involved, and it has - like most lawsuits - gotten to the point where one or both sides are unwilling or unable to rationally approach the sticking points that drove them apart in the first place. Changing this situation would be an excellent first step towards an acceptable resolution.
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