Once again, here is the link to the actual documents filed in court in December of 2008. There are lot's of "smart" people in business, that does not mean I, personally, care to do business with them.
http://www.iptrademarkattorney.com/c...ctory-five.pdf
Shelby first filed against FFR in 2000. Cobra trademark, snake emblem and Cobra body shape were the primary concerns. FFR wasn't using the Cobra name anyway, so it was no problem reaching an agreement on that issue. Trade dress was the killer deal, loosing THAT would have put them out of business. Would have put ALL replica manufacturers out of business if you didn't get a Shelby license deal. Before the suit could be completed Shelby/FFR reached an agreement, a consent judgement. Shelby agreed to dismiss with prejudice claims related to the trade dress of FFR kits.
Including the Type 65 Coupe. I'm not a lawyer, but it seems to me that Shelby cannot bring suit again over a trade dress issue of the Coupe (at least against FFR)?
At any rate, SPF continued the trade dress suit as it concerns the Cobra shape. They prevailed, Cobra shape became public domain. Perhaps to avoid further litigation, such as FFR is having to defend itself against right now, AGAIN, SPF did decide to "throw in the towel" based on legal expenses. Their public statements, their method of doing business reveal, to me, a more plausible explanation. Profits, pure and simple. Bolstering Shelby's motivation to continue to go after all who oppose him. I don't believe Shelby will stop with FFR or affiliated web sites in sympathy with FFR. The question is: Who's next? Where/when will it stop?
"Understanding" the claims clearly is a bit difficult, I'm not schooled enough to really get into that part. It looks to me like a "scatter gun" approach, throw some stuff out there and see what sticks. Something like 8 points in the filing asking for relief.
EDIT: I'm not sure it's a good idea to be discussing this topic in any kind of depth. What with the law suit still underway. I simply wanted to state my opinion on the matter, not get dragged into something that could hurt FFR or even reflect poorly on CC.
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