Shelby's latest lawsuit, who's next?

[csx wnab]

does his mean that all the other auto maker can go after all the companies that make up grade parts? of say any company that makes fiberglass replacement parts? where do these lawsuits end? and just don't think that if the old man kicks the bucket that the law suits end, i am sure he has something set up for after he's gone where his family and foundations still make money.

[csx wnab]

it's probably not him that's coming up with all these lawsuits. it's his lawyers that are telling him who to sue. hell ol' shel. is'nt a lawyer so he don't know. he just knows what he's told. ****Moderator Edit****

[elmariachi]

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.

[Don DePontee]

Dave Smith is protecting the rights of all replicators out there to build replicas of something that Shelby kicked to the curb garbage can decades ago spending millions of dollars to in the process. Last time around FFR did win a landslide judgment and protected Superfomance when Shelby went after them buy giving them over two million dollars worth in discovery document for free. And yes this is even protecting the right for the Hurricane to continue producing kits. Thank God FFR is protecting that cookie jar filled with all of the cookies out there, even yours, otherwise Shelby will shut everyone down over night.
Don

[Ron61]

Just a thought and no opinion on the impending lawsuit. But I wonder if Shelby and his bunch have ever considered what would happen to them if they could shut down all of the other replica makers. For one thing, most or many people would prefer a Shelby or Kirkham Car, but just don't have that kind of money. He isn't going to gain anything if he is the only Replica maker left in business as it will only mean that many people that love the cars will have to go without one. In fact his sales would most likely drop as he would immediately up the price even more for the improved profit. If I could afford anything I want, I would much prefer one of the Originals as the new ones are over priced I feel and in California it would be hard to get one of the few SB-500 numbers to register one anyway. So to sum what I am trying to say up, if Shelby shuts down all replica makers except himself and the Kirkhams, I feel his business will soon follow many others. Also these are not the kind of cars that you trade in and get a new one ever year or so.

Ron

[kayakjack]

[quote=Ron61;907598] if Shelby shuts down all replica makers except himself and the Kirkhams, I feel his business will soon follow many others.

I agree. Also, (in my opinion) if not for the replica makers there never would have been a revival of interest in the Shelby Cobra. Maybe a niche "car club" of of owners of originals. The replicators kept his name alive giving it market value. He would be a footnote otherwise.

In fact (in my opinion) if not for the replica cottage industry, he probably never would have had the opportunity to sell the curent line of Shelby Mustangs with Ford. Who would have cared? Who would have remembered him.

In my opinion he owes the replica industry a debt of gratitude. Instead, he sues (almost) everybody. He doesn't get it. He doesn't have enough time left above ground to get it.

Jack

[jmimac351]

Originally Posted by elmariachi

... vomitous Abraham Lincoln patriotic email I received from Dave Smith... 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.

That's quite a mix of collectivist liberalism ya' got going on there, Elmariachi. No more Yes We Can!??? Lo siento mucho. To the best of my knowledge, Dave Smith isn't going around suing people; although, I must say that I've seen some FFR builds where a cease and desist letter was probably warranted.

Merry Christmas, Elmariachi.

[TButtrick]

Originally Posted by elmariachi

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.

Wouldn't Hurricane have their hands in the same jar? It could have just as easily been them or any other manufacturer named in the lawsuit. It amazes me how some people can write things like this and actually know where the ON switch is on their computer.

Originally Posted by mr bruce

This place should give the Old Grouch a little fairer treatment than the KooLaid drinkers. Thanks for keepin'it civil, Jammer. that said, let the courts deside this one also.

Amazing. Let all us kool-aid drinkers know which side of your mouth you're speaking from there Mr. Bruce.

[elmariachi]

Originally Posted by TButtrick

Wouldn't Hurricane have their hands in the same jar? It could have just as easily been them or any other manufacturer named in the lawsuit.

Yes, Hurricane would be guilty as well. But Hurricane isn't who Shelby has chosen to sue at the present time now is it? I don't think I singled out FFR, but this thread is about the lawsuit against them, not Hurricane. And if Hurricane were sued, my opnion wouldn't change. Frankly, I was shocked when entering this sport a few months ago to learn that ALL of these companies were building replicas and not paying royaties. Of course, I did not know Shelby had abandoned his rights to the design. If anything Hurricane is MORE liable because they pulled their car from a real CSX, as opposed to the FFR...who knows where that body came from. Maybe it was intentionally "altered" so as to avert future liability.

Originally Posted by TButtrick

It amazes me how some people can write things like this and actually know where the ON switch is on their computer.

It amazes me how some posters misconstrue other posts in order to pick a fight, especially when another person's views don't align with their own. Merry Christmas.

[496fe]

Ever try to buy a Lamborghini or Ferrari replica? Don't bother. Lamborghini/Audi and Ferrari/Fiat put all the manufacturersd OUT OF BUSINESS. Every one of them got sued for hundreds of thousands or millions of dollars. They were told they could fight the legal battles or they could surrender their molds and destroy their inventory.

I can't believe ol' Carroll has been so accomodating all these years.

B.

[mrmustang]

Originally Posted by elmariachi

when entering this sport a few months ago to learn that ALL of these companies were building replicas and not paying royaties.

I think this in itself is part of the problem, you have only been around "this sport" for a "few months", you have not spent the time to do any research on the subject. If you had done a little research, you would know that Shelby abandoned the Cobra and in several interviews (both in print and now available on video) even praised the replica makers for "keeping the fire burning" (his words circa 1987/1988 interview with Car & Driver or Road & Track reprinted in several sister publications over the years). If you did a little more homework, some a little closer to modern times, you would know a lot more and understand where the rest of us are now coming from.

I'll leave it at that for now, the moral of my post is, before you spout off with an opinion so strong, you are better off to do a lot of research on the subject and not make rash posts based on your extremely limited knowledge on the subject.

Here is wishing you well.

Sincerely,

Bill S.

[elmariachi]

Originally Posted by TButtrick

Yup... you're right. After reading this again, I don't see how I could have thought you singled out FFR or misconstrued the intent of your post.

You did misconstrue the intent of my post. Entirely.

Originally Posted by mrmustang

you would know a lot more and understand where the rest of us are now coming from. Bill S.

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." Before you spout off against someone you don't know, maybe you should recognize that these posts are not intended to be personal. My posts are aimed at commenting on the lawsuit, yours are now aimed at assailing me for posting something you think to be unfounded or in disagreement with you. I have done enough research to back up my comments, and prior to posting I was well aware of the history. While I may have only joined the sport of Cobra replica ownership a few months ago, I have been involved with Ford, Shelby, these cars, lawsuits and contract law since 1982. I am qualified to state my opinion. But we are all impressed that you know more than me and were tough enough to call me out on it.

[TButtrick]

Originally Posted by elmariachi

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.

Yup... you're right. After reading this again, I don't see how I could have thought you singled out FFR or misconstrued the intent of your post.

[fostereast]

Originally Posted by elmariachi

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.

Factory Five is a great bunch of people, Including Dave Smith. Unless you own a Shelby, you should be happy that one kit car company has the funds, and business savvy to keep this cottage industry open for business.

[Don DePontee]

Originally Posted by elmariachi

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]

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

[Maurice Johnson]

elmariachi,

Your car is a copy of a ?????????? --- what. Not looking for a fight on Christmas morning, just clarification

[Cobrabill]

Elmariachi-exactly what part of"Shelby gave up his trademark/patent(what have you)back in the 60's" don't you understand?.This is not opinion-this is case law.The Chicken-sh!t farmer is wrong.Completely,100 percent,both morally & legally.

The comparison with Ferrari & Lambo is a non-sequitur as those companies have actively protected there patent/trademarks.

[elmariachi]

Originally Posted by Cobrabill

Elmariachi-exactly what part of"Shelby gave up his trademark/patent(what have you)back in the 60's" don't you understand?.This is not opinion-this is case law.The Chicken-sh!t farmer is wrong.Completely,100 percent,both morally & legally.

Please show us where he forfeited the claims he is making in the lawsuit.

[Cobrabill]

Originally Posted by elmariachi

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.