Shelby interview in Road & Track

[Johnson]

Originally Posted by Joewillie

Do you put Shelby down because you build replicas and call them Cobras? What do you think of putting a Rolex name plate on a watch that is not a Rolex? Is that okay in your book? Could you justify your actions based on a theory that Rolex outsourced parts from other manufacturers and you can do the same thing? Can you justify these actions on the basis that Rolex doesn't really build a watch, anyway? Why don't you buid your own car and call it something besides a Cobra? Why do you capitalize on the iconic name of Cobra, the cars built by Carroll Shelby? Or, try this. Build a kit car and slap a Ferrari badge on the nose. Do you think Ferrari will stand idly by? Would Enzo, when he was alive, have autographed the glove box door for you? Do you share the same opinion as the thieves who buy a copy of a movie DVD or an artist's CD when no royalties are paid? Is this okay with you, too? People say, I can't afford a Cobra, so I have to buy a replica. Okay, well go out and buy a replica Rolex off the streets of New York. I have a friend that has a replica of a gold Rolex Daytona and the gold is 18 karat. The movement is even Rolex. He got it from a friend at the factory. But, you know what? It wasn't built by Rolex. It's a fake. It keeps great time. It was built by skilled artisans, so it looks great, too. But, it will never be a Rolex. The same goes for Cobras. Your kits will never be a Cobra. They are fakes. But, icredibly, Al Adkins claims the fakes havehelped along the real Cobras through flattery. He evens says Shelby hates replicas but builds them. So, let me ask youi Al, does this justify coying what Shelby has done including his name badge? Those street vendors in New York must be flattering Rolex, then. Of course, they are illegal. There are all manner of knock-off's of real merchandise.

Originally Posted by kurtmart

SPF2245

Ferrari sued everybody who made reps. Fieroes, Corvette based Daytonas etc. "Miami Vice" used a Mcburnie Daytona Replica as Sonny's groovy ride on the show, this pissed off Ferrari.
They put McBurnie out of business and gave the show a batch off real Testarossa's for the show. Anyone copying these designs is living on borrowed time.
Now, someone needs to explain how the porsche speedster guys get away with it.

Although I am not a lawyer, I do have somewhat to say concerning the Joewillie and Kurtmart posts, I understood that if a T.M is not used for a period of three years, it is considered abandoned. In the case of Rolex fakes, Rolex has not ceased production, and has patents covering the internal workings; therefore anyone reproducing a Rolex is in violation of TM and patent laws. In order to prove non abandonment a TM holder must prove intent to resume the TM use. In the case of Ferrari v. McBurnie Coachcraft, McBurnies demise in court came from two main sources, first he marketed his kit as a California Daytona Spyder (Similar to marketing a replica Cobra as a "Shelby Cobra"), and second although Ferrari had no intention of resuming production on the Daytona Spyder they did however show goodwill associated with the vehicle and “evidence of ongoing parts support for the vehicle”. CS far exceeded the three year time span, not offering any support for “The Vehicle” (Cobra) and its trade dress; therefore I see no resemblance between a replica Cobra and a replica Rolex.