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-   -   Shelby's latest lawsuit, who's next? (http://www.clubcobra.com/forums/all-cobra-talk/93745-shelbys-latest-lawsuit-whos-next.html)

mrmustang 12-25-2008 10:39 AM

Quote:

Originally Posted by elmariachi (Post 907658)
You would know a lot more if you would recognize that this thread involves a collective set of opinions, and that we don't all have to share "Where you are coming from."

My post was not meant as a personal attack, however, my writing style does take getting used to, so I'll publiclly apologize if I bent your nose out of place with my personal opion based on what you have written to date. As for you view on I.P. (Intellectual Property) rights, again, Shelby abandoned (his words of old come back to haunt him now) the Cobra, the Shelby Mustang, and anything to do with either/or back in 1972 (again his words on record, not mine). As such, he lost the lawsuit in regards to trade dress, as such there is no license agreement needed by any manufacturer of a like and kind shape. Again as you put it, this is not opinion but case law. I shall not get in to a pissing match with you as it does neither of us any good. You do not know me, I do not know you (or do we seeing that we have been around these cars for as long as we have), let's leave it as a civil disagreement and leave it at that.

Again, here is wishing you well.

Sincerely,

Bill S.

Cobrabill 12-25-2008 10:51 AM

Quote:

Originally Posted by elmariachi (Post 907663)
Please show us where he forfeited the claims he is making in the lawsuit.

As Mr Mustang has put it,numerous times in the press.Shelby dropped the ball a long time ago.And now like a 10 year-old brat in the school yard,he wants a"do-over".

And as far as the Brock coupe goes,ANY claim by Shelby to it is null & void unless he has a signed agreement from back in the 60's saying that ANY ideas generated by employee's are company property.

elmariachi 12-25-2008 11:24 AM

Quote:

Originally Posted by Cobrabill (Post 907668)
As Mr Mustang has put it,numerous times in the press.Shelby dropped the ball a long time ago.And now like a 10 year-old brat in the school yard,he wants a"do-over".

And as far as the Brock coupe goes,ANY claim by Shelby to it is null & void unless he has a signed agreement from back in the 60's saying that ANY ideas generated by employee's are company property.

Depending on the particular state, by default the work product belongs to the company and not the employee. And the courts have held that even if you 'walk away" you can assert certain claims later.

Look guys, like you I think it is chicken-**** to jump on and off the legal bandwagon. Either sue 'em all and settle it or shut up. this guy is old and we don't even know for sure that he is 100% behind this. There could be others involved (including ambulance chasing lawyers) encouraging him to sue and he is going along with it. Once he dies and the money-grubbers come rolling in, I suspect it will get insanely worse.

Cobrabill 12-25-2008 11:31 AM

[quote=elmariachi;

1)There could be others involved (including ambulance chasing lawyers) encouraging him to sue and he is going along with it. 2)Once he dies and the money-grubbers come rolling in, I suspect it will get insanely worse.[/QUOTE]


Jim,as others have put it"some homework is needed".As to point #1-no,it's CS himself.His history of the past 20 years is repleat with this behavior./
Point #2-The money grubber(singular) is already here.

Hint:Find out where the bank accounts for his "Heart fund charity" are.

Don DePontee 12-25-2008 11:31 AM

Bill I couldn't have said it better. elmariachi is simply naive about the history of Shelby as well forum etiquette and in time I'm sure he will learn.
Also Bill do they alow BASHING OF PAYING VENDORS HERE.
Don

Cobrabill 12-25-2008 11:54 AM

My comments were intended to encourage some"research"-not make the topic take a diverging route....

elmariachi 12-25-2008 01:17 PM

[quote=mrmustang;907664]
Quote:

Originally Posted by Don DePontee (Post 907680)
Bill I couldn't have said it better. elmariachi is simply naive about the history of Shelby as well forum etiquette and in time I'm sure he will learn.Also Bill do they alow BASHING OF PAYING VENDORS HERE.Don

I am not naive about what's going on, but I am damn done arguing. Clearly you guys know what is going on inside Shelby's company, and all of your minds are made up. Nonetheless, you are not going to force me to agree with your perspectives by slamming or insulting me. :3DSMILE:

As for calling me out on my forum ettiquette, you have no idea how many of these forums I have built, hosted and moderated. I have not bashed any of you nor have I attacked you personally, so it is not me in need of some forum manners.

To my knowledge, I have not bashed anyone here, especially a vendor. If I have, then PM me offline so we can resolve it because this childish bickering and insulting is not what this thread was about, and not appropriate.

Cobrabill 12-25-2008 01:42 PM

Did i insult you?

Don DePontee 12-25-2008 02:12 PM

Quote:

Originally Posted by elmariachi (Post 907580)
Considering the above letter and the vomitous Abraham Lincoln patriotic email I received from Dave Smith, I am so glad I didn't buy a FFR. Shelby might be an old man filing frivolous lawsuits, but the Smiths are even worse. They have built wealth and prosperity from Shelby's designs and seem amazed that Shelby would sue them. And in a fit of insanity, they recall the prior judgement against them as an FFR victory (????). This lawsuit will likely be dismissed because Shelby let his trademarks lapse, but FFR is no different Ole Shel. They have their hands in the Cobra cookie jar and are pissed/delirious/incensed/insulted that Momma might say no.

Jim this is your slanders vendor bashing comment about FFR and Dave Smith in particular and yes Dave Smith is a paying vendor here.
If I have offended you by indicating your lack of knowledge on this subject then you took it out of context. Before you can debate a subject you must have a working knowledge of the subject being debated and yes we have a get deal of knowledge here with a lot of us being members for years, 10 years for me alone.
Don

Goober 12-25-2008 02:59 PM

I got some cool stuff from Branda today. I wonder if of Shel will go after Santa?
Could be an easy target. Not many 300 year old bearded fat guy that plays with reindeer

Just thought I would break up some tension

Mark

elmariachi 12-25-2008 03:03 PM

Quote:

Originally Posted by Cobrabill (Post 907698)
Did i insult you?

No.

Quote:

Originally Posted by Don DePontee (Post 907703)
Jim this is your slanders vendor bashing comment about FFR and Dave Smith in particular and yes Dave Smith is a paying vendor here. Don

I would hardly call that vendor bashing. I did not discredit their product and my criticism of the Smiths is not related to FFR or its products but to what Dave Smith wrote in his rebuttal about that lawsuit that was posted on post # 41. He refers to this as "nonsense" and calls Shelby an "old man." He can't stand up and offer his opinion to the world and not expect a rebuttal from those who disagree. I think I am entitled to be critical of his statements as much as you are of me.

Quote:

Originally Posted by Don DePontee (Post 907703)
Before you can debate a subject you must have a working knowledge of the subject being debated and yes we have a get deal of knowledge here with a lot of us being members for years, 10 years for me alone.Don

Are you joking? Ten years as a Club Cobra forum member does not mean you have any more experience or insight on this subject than me. I have been reading Club Cobra for nearly that long (I actually was a member here for three years previously.) I have a better-than-average working knowledge of this subject and the prior lawsuit. But it is clear in this thread as many others, many of you do not like it when someone you do not know offers an opinion that differs from yours. The sheer number of threads where one member attacks or bullies another is really astonishing.

Seriously, are we unable to discuss this lawsuit and offer different opinions or points of view without being ridiculed??

Don DePontee 12-25-2008 03:16 PM

I give up.
Don

mrmustang 12-25-2008 03:43 PM

Quote:

Originally Posted by Cobrabill (Post 907698)
Did i insult you?

Would you really like to ;)





Bill S.

jmimac351 12-25-2008 04:20 PM

Elmariachi:

Who, exactly, do you think you are kidding? Are you trying some kind of Jedi Mind Trick? This is why it should be illegal for liberals to own cobras. :D

elmariachi 12-25-2008 04:50 PM

Quote:

Originally Posted by jmimac351 (Post 907722)
Elmariachi:Who, exactly, do you think you are kidding? Are you trying some kind of Jedi Mind Trick? This is why it should be illegal for liberals to own cobras. :D

That's funny. I still have an original "Ronald Reagan for President" sign in my attic. It worked better than my McCain/Palin sign did.:CRY:

RedBarchetta 12-25-2008 05:08 PM

I'd be curious to ask the bickerers how this latest lawsuit actually impacts them personally? Otherwise, the only people that have a dog in this fight are Ol Shel, the Smith brothers and some other related parties. You folks make for some entertaining reading on a wet and cold Christmas afternoon. :rolleyes::LOL:

Brent Mills 12-25-2008 05:21 PM

Guys, drop the back and forth BS. It's a waste of time for all.

Larry N Johnson 12-25-2008 07:52 PM

Back and Forth
 
Brent,

Thanks for the caution.

I hope everyone had a nice Christmas. We have family here and I should be out visiting. But...

Anyway, there was a post above something about "a dog in the fight". While legally, that is for sure, it is not our personal situation, this thread was started so that we could learn about what's going on and maybe comment.

My comment is that when people stop being concerned for "what's right" that happens in America, that's when the bullys and tyrants take over. Not the exact same situation, but let's not forget WW2 when Hitler pulled people out of their houses because of what they believed. People in Germany did not stop him. We all know the great suffering and losses that it took to stop Hitler. So, if we have a feeling that something is unfair, wrong, or should be changed, it is an American tradition to speak up.

There are always two sides to an agrument.

Most of us here, like street rodders with their 32 Ford Roadsters, want the 65 Ford Roadster (and Coupe) legal sport to continue.

If it was settled in court in 2002, why can't we just be brothers and move on?

RedBarchetta 12-25-2008 10:59 PM

Larry, you're a good guy. But patent infringement and GENOCIDE are two opposite ends of the spectrum, brother. Comparing Shelby's greedious (is that a word?!?) acts to Hitler's is quite the stretch. :LOL:

Hitler was all about ulitmate power and world domination. IMHO (like ***holes, we all have one), Shelby is just an old goat with an axe to grind and some trademarks that he is determined to protect (and from many views here, in distorted ways). It is sad that people can't get along, but the course of human history is pocketed with stupid stuff.

Happy New Year, everyone. Enjoy your cars while it's still legal to drive them. :)

Don DePontee 12-25-2008 11:43 PM

Merry Christmas Brent, are you snowed in up there.
Merry Christmas Larry and by the way how is that snow plow working out on the front of your roadster ;)
Don


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