Club Cobra - Shelby's latest lawsuit, who's next?

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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)

VE4MM

12-28-2008 02:47 PM

Quote:

Originally Posted by elmariachi (Post 908321)

You can bet CS got what he wanted out of the deal. But had FFR resolved #1 in a similar manner, where a go-forward license was agreed to, then there would be no 2nd lawsuit. Even if FFR prevails, they once again have to spend $1mil + to defend themselves. So if you are building cars in this space, do you wait to get snakebit or do you go look up the old man and make a deal?

You are missing the point.

According to FFR, from their 1st lawsuit they won, they were allowed to use the 65 Coupe design.

Screw Shelby, he missed the boat many years ago when he f*cked-off to Africa to find another money making scheme.

Tough Luck Shelby.............can't win em all you greed monger.

elmariachi

12-28-2008 02:51 PM

Quote:

Originally Posted by VE4MM (Post 908323)

According to FFR, from their 1st lawsuit they won, they were allowed to use the 65 Coupe design.

If it was that clear-cut, there would be no lawsuit. You are missing the point...I am not taking Shelby's side. EVEN IF HE HAS NO CLAIM, he is still spending money dragging companies to court, and that costs HUGE money to defend. Do you wait on him to attack, or do you take pre-emptive measures?

TButtrick

12-28-2008 03:09 PM

I don't think anyone is missing your point. If he has no claim, how do we know whether any company didn't do the due diligence of looking to see whether CS had said rights, approaching CS for license, finding he had no rights in question, and moving forward? Has ANY cobra replica manufacturer done so and failed? It seems as though precedence has been set.

elmariachi

12-28-2008 03:15 PM

Quote:

Originally Posted by TButtrick (Post 908328)

Correct, we don't know who has and who hasn't, generally speaking other than whether they state on their websites and printed materials that they are licensed by CS. But it appears that CS sees the settlement with FFR as being a separate matter with respect to the Daytona Coupe. Or at least he thinks his more recent US Trademark on the Daytona trade dress gives him the ability to assert a new claim.

Anthony

12-28-2008 04:33 PM

Quote:

Originally Posted by elmariachi (Post 908325)

That's the point. Who gets that huge money? The lawyers.

Nothing in the US court of Law is clear cut. If it was, then there would be no reason to spend more money.

TButtrick

12-28-2008 04:35 PM

Quote:

Originally Posted by elmariachi (Post 908325)

If it was that clear-cut, there would be no lawsuit.

Just arrive here on the planet? :LOL:

Interesting.

From B and B's web....

From Shell Valley's web...

Not to over-simplify things but this is the way I see it..

-CS once endorsed the replica manufacturing industry.
-He observed the growing industry $$s (specifically from FFR) and is now trying to cash in.

elmariachi

12-28-2008 04:46 PM

Quote:

Originally Posted by TButtrick (Post 908352)

Not to over-simplify things but this is the way I see it..

-CS once endorsed the replica manufacturing industry.
-He observed the growing industry $$s (specifically from FFR) and is now trying to cash in.

Yes. And whether he's right or wrong and regardless of the prior FFR litigation/settlement.

TButtrick

12-28-2008 04:54 PM

I'm no lawyer but I'll remain hopeful that our legal system will allow FFR recourse to recoup any litigation cost they incur if they win the case. As for any replica manufacturer, this nonsense only takes from R&D funds that could be used to bring us more cool stuff.

KSW64

12-28-2008 05:27 PM

Wow, I was gone for 3 days and over 140 posts. Back in August I got a private tour of Shelby America in Las Vegas. The tour guide, when asked about all the cobra replicas companies, stated something to the effect that "Carroll approached all of these companies to give his blessing. In return he asked them for donations to his charity. Some gave, others did not. Those, that did not, suffered the waith of Shelby's attorney."

I do not know which companies were involved, if any, but Unique comes to mind as getting served with copyright or TM infringements.

This may all be rumors but this what the guy told me.

May you all have a blessed New Year.

KW

Silverback51

12-28-2008 05:40 PM

Quote:

Originally Posted by KSW64 (Post 908367)

Wow, I was gone for 3 days and over 140 posts. Back in August I got a private tour of Shelby America in Las Vegas. The tour guide, when asked about all the cobra replicas companies, stated something to the effect that "Carroll approached all of these companies to give his blessing. In return he asked them for donations to his charity. Some gave, others did not. Those, that did not, suffered the waith of Shelby's attorney."
I do not know which companies were involved, if any, but Unique comes to mind as getting served with copyright or TM infringements.

This may all be rumors but this what the guy told me.

May you all have a blessed New Year.

KW

That sure sounds like extortion to me.

jmimac351

12-28-2008 06:10 PM

Quote:

Originally Posted by ronwin (Post 908269)

No comment, but follow this link to a statement for public reference published in March 2006.

http://superformance.org/supernews/s...rcomments.html

Ron, I read through that link, thanks for sharing. Apart from some picking of nits with who was / wasn't a party to appeal of what / whether I don't see what the point of it was as it relates to this matter. You're nuts to even be posting about this and I can't believe you stand anything to gain but questions about things you obviously don't / can't talk about. Or, feel free to share...

"As far as our contractual arrangement with the Shelby organization is concerned, as a private (Inc) company it is nobody's business but our own why we enter into strategic alliances with any company. We use our own resources, not those of other shareholders."

jmimac351

12-28-2008 06:19 PM

Quote:

Originally Posted by elmariachi (Post 908317)

I'll stand by my prior comments that it might be better to deal with CS up front via royalty or consent than wait for him to come calling. SPF seems far better off for having forged an alliance with CS than fighting him. Just my opinion.

Some people advocate the same thought process with Hamas, Chavez, Iran, Castro, Ohio State Buckeyes, etc.

elmariachi

12-28-2008 06:27 PM

Quote:

Originally Posted by jmimac351 (Post 908385)

Apart from some picking of nits with who was / wasn't a party to appeal of what / whether I don't see what the point of it was as it relates to this matter.

The SPF arrangement demonstrates that Shelby is not out to "crush" replica manufacturers or drive them out of business. It suggests that he wants to be paid a royalty for what he thinks is his. The SPF settlement also sets a post-FFR lawsuit precedent that could play a factor in the settlement of the present lawsuit.

Quote:

Originally Posted by jmimac351 (Post 908388)

Some people advocate the same thought process with Hamas, Chavez, Iran, Castro, Ohio State Buckeyes, etc.

Business is a bit different than global politics. An argument can be made that FFR's money would be better spent on an alliance with Shelby for the Daytona than wasting it on a lawsuit. Clearly most FFR owners see that as a deal with the devil. CS has clearly set a precedent that he has a boner for certain replica makers with a penchant for suing. You can go hide in the corner and hope he doesn't find you, or wait for him to show up. At least Chavez is content staying home. For now.

Stentor

12-28-2008 06:28 PM

Quote:

Originally Posted by VE4MM (Post 908323)

If you've got such a beef with CS, why do you own a Cobra replica and a new Shelby Mustang?:confused:

jmimac351

12-28-2008 06:37 PM

So CS is cool with the "harm to his brand" if you pay for the right to continue that "harm"? Sorta makes you wonder whether he really thinks his "brand" has been harmed at all. Maybe the SPF deal Shelby made will actually help FFR. Oh the humanity! :LOL:

jmimac351

12-28-2008 06:47 PM

Quote:

Originally Posted by Stentor (Post 908392)

If you've got such a beef with CS, why do you own a Cobra replica and a new Shelby Mustang?:confused:

Stentor, do you own anything made in China? Do you like Commies? This is silly talk.

RandyH

12-28-2008 06:53 PM

Quote:

Originally Posted by jmimac351 (Post 908388)

Some people advocate the same thought process with Hamas, Chavez, Iran, Castro, Ohio State Buckeyes, etc.

I was with you until you took a cheap shot on our beloved Bucks %/

O-H-I-O

elmariachi

12-28-2008 07:14 PM

Quote:

Originally Posted by jmimac351 (Post 908396)

Stentor, do you own anything made in China? Do you like Commies? This is silly talk.

I thought it was a fair question. Can you established forum members not debate and discuss a subject without attacking other posters personally?

VE4MM

12-28-2008 07:28 PM

Quote:

Originally Posted by Stentor (Post 908392)

If you've got such a beef with CS, why do you own a Cobra replica and a new Shelby Mustang?:confused:

Got my cars before he turned into an a-hole.

Pretty Simple.

elmariachi

12-28-2008 07:46 PM

Quote:

Originally Posted by VE4MM (Post 908401)

Got my cars before he turned into an a-hole.

Pretty Simple.

What date was that? I may need to trade mine in for an older model. :LOL:

All times are GMT -7. The time now is 01:32 AM.

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