Shelby's latest lawsuit, who's next?

[RandyH]

Originally Posted by elmariachi

If I build something and someone else comes along and takes it for gain without compensating me, they deserve to be sued and sued again. Anyone who has commercially gained from the Shelby's property or the Cobra and anything related to it should have had to pay a royalty or at least been granted consent. I have personally suffered from others who have stolen my intellectual property and patents and it sucks the big one.

If you believe so strongly then you support Hurricane being sued out of existence or anyone doing business with them?

I took a quick look at other manufactures web sites concerning the metatags issue and EM, Shelly Valley, Hurricane, Lone Star, Unique & ERA all do the same as FFR and I don't think they pay CS anything so are they next?

How deep will this go?

Will other local builders be targeted?


Will this site be shutdown? After all, they are selling advertising to these rogue companies. Guess they should also delete any threads mentioning the London Cobra Show and the raffle for charity.

[Paul F]

While I'm all in favor of protecting Intellectual Property, Trademarks, and the like, I am confused by the data on file at the patent office. While I'm no trademark expert, a search at the trademark office provides the following.


Daytona - a common trademark. Not currently used as a trademark for a car
Shelby Daytona Coupe - an abandoned trademark. Abandoned in 1996. Even when it was in effect; "NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "DAYTONA COUPE" APART FROM THE MARK AS SHOWN" (mark was not shown in filing)
http://tess2.uspto.gov/bin/showfield...ate=j7pasa.8.2

Daytona Coupe - an abandoned trademark
http://tess2.uspto.gov/bin/showfield...te=j7pasa.13.1

Cobra - a common trademark. Not currently used as a trademark for a car. At least I couldn't find it.
http://tess2.uspto.gov/bin/showfield...h=Submit+Query

[elmariachi]

Originally Posted by RandyH

If you believe so strongly then you support Hurricane being sued out of existence or anyone doing business with them?

Read my post again, that is not what I wrote. What I wrote was "should have had to pay a royalty or at least been granted consent." ONE or BOTH of those events should have taken place in advance of entering into a business endeavor using what Shelby claims is his property, not after. And both events generally remove forever any need for litigation. The Hurricanes and FFRs and everyone else using his trademarks and designs could have sought consent via licensing from Shelby in advance of any litigation, but chose not to. So, if they get sued, they deserve it. If it puts them out of business, well if they were commercializing off of Shelby's property, then they weren't legitimately in business in the first place then were they?

[bdeutsch]

In my company/industry vertical, we protect our IP as the most valuable commodity we have (which it really is). Everything an employee creates or patents becomes the property of the larger corportion; it is a condition of employment.

While I have sympathy for FFR and others, I think a case could be made (recognizing that I am not an attorney), that the Daytona Coupe was part of the IP of the original Shelby organization; assuming that the terms of employment followed the standard pattern as mentioned above. I would perhaps not say the same thing about the Cobra, due to where body originated, etc.

Again, this is not a legal opinion, just a reflection of how other industry verticals deal with IP (assuming the Daytona Coupe is considered IP).

[vanoochka]

Originally Posted by bdeutsch

In my company/industry vertical, we protect our IP as the most valuable commodity we have (which it really is). Everything an employee creates or patents becomes the property of the larger corportion; it is a condition of employment.

Wouldn't your company's most valuable asset (BTW, IP is not a commodity) be the employees that are doing the creating?

[mr bruce]

Relax Maricopa, the KoolAid drinkers reference was a joke son. As for all the "Cobra" stuff I make, you're rite I ain't named in the lawsuit, so let's all just sitback and let the big boys settle in court.

[jshel1]

Personally, I would rather see the GR1 concept car be produced by Shelby.

[elmariachi]

Originally Posted by vanoochka

Wouldn't your company's most valuable asset (BTW, IP is not a commodity) be the employees that are doing the creating?

In my opinion that depends on who owns/runs the company. To some, the assets of a company DO go home at night. To others, we are all just Pokie and Gumbie. But to bdeutsch's point, in the last 20 years companies have finally figured out that everything they ever do is potentially of future value, so everything that can be is trademarked, copyrighted etc. But if in fact Shelby allowed his rights to lapse, as is being suggested, then he may find it hard to assert claims that he owns the Daytona Coupe and any commercially available likeness. Surely the FFR boys would be smart enough to not jump in the murky shark-infested waters twice and have sought legal advice before launching the "Type 65." I guess we'll all see.

[Dave Schwaab]

As I read this latest suit, it seems to be aimed more towards the Daytona Coupe as his intellectual property. I remember his put down of Pete Brock for the original design of the coupe; now he wants to add his name to the SPF Coupe, as updated by the same Pete Brock, as the new CSX9000 series continuation car. Of course, he'll also add a bunch of bucks to the price tag as his profit.

Years ago, he lost interest in Cobras and let his trademarks and patents lapse while he pursued other interests. Now he wants it all back, with interest! To me, he is just a bitter old man. I feel sorry for him. The real damage to his reputation, and his legend, is being done by himself! While I respect what he and the team accomplished 40 years ago, I have lost all respect for him now.

[VE4MM]

Originally Posted by Dave Schwaab

As I read this latest suit, it seems to be aimed more towards the Daytona Coupe as his intellectual property. I remember his put down of Pete Brock for the original design of the coupe; now he wants to add his name to the SPF Coupe, as updated by the same Pete Brock, as the new CSX9000 series continuation car. Of course, he'll also add a bunch of bucks to the price tag as his profit.

Years ago, he lost interest in Cobras and let his trademarks and patents lapse while he pursued other interests. Now he wants it all back, with interest! To me, he is just a bitter old man. I feel sorry for him. The real damage to his reputation, and his legend, is being done by himself! While I respect what he and the team accomplished 40 years ago, I have lost all respect for him now.

Well spoken sir!

[vanoochka]

Originally Posted by Dave Schwaab

Years ago, he lost interest in Cobras and let his trademarks and patents lapse while he pursued other interests. Now he wants it all back, with interest!

I once searched for tm registration on a product name and found that although it was registered, the mark had lapsed. Even so, outside counsel insisted that we get a letter of release from the company that held the original (now lapsed) tm. It was no big deal, so we paid them a small fee and received the release.

Another time, we wanted to use a product name that was never registered, but was in use by another company, and had been for some time. Again, outside counsel advised us to get a release from that company. This time, it was a big deal. When that company refused to give us a release to use the mark, counsel advised us to come up with a different name.

So, at least one IP attorney's advice says that even if a tm has lapsed, or has been in use yet never registered, you are at risk in using it. This attorney (initials GR, for those who know) is generally considered the leading expert on IP law in silicon valley.

I know next to nothing about IP law, but the above situations show that it at least possible that CS is getting legal advise stating that, even though the mark(s) has lapsed, he still has a legitimate claim to it (them).

HAPPY HOLIDAYS TO ALL OF YOU AND YOURS, AND BEST WISHES FOR A SAFE AND PROSPEROUS 2009!