Not Ranked
OK, ya just can't let it go, so here is my Cliff Notes version:
Lot's of companies make a great product, give excellent service and their customers are pleased with them. In the case of SPF I don't approve of their marketing strategy, to wit, they way they handled the license agreement with Shelby. They have their side of the story, I see it a different way. Here is the KEY problem. They justify their marketing strategy as the just and proper thing to do because Shelby "deserves" a piece of the action.
I disagree, Shelby does not "deserve" anything from any replica manufacturer, other than a hat tip and a hearty "Well done, Sir." But that's where it ends. What Shelby did in the 60's was beautiful, when he was done, he walked away. It was over, that glorius time shall forever live on in history. It's a fascinating story I love to get every little detail of, the "research" continues! It's a wonderful hobby, this Cobra thing.
But it's history, that was then, this is now. Replica manufactuers kept that dream alive, kept the history around. A whole industry sprang up to celebrate these cars. People worked hard mostly from a spirit of the love of the car, and the man, in those early days. A way to preserve what might be lost. Some were making some serious money at it as time went on, Shelby wanted a piece of the action. Various deals were offered over a number of years. Lot's of rumors about who or how the various deals might be made. One rumor was Shelby wanted $10,000 from every replica owner on the planet as a "license fee", perhaps the amount was far less than that? Perhaps he only wanted a fee from every manufacturer not every existing owner?
No deal could be arrived at, for whatever reason. So the law suits began. Millions were spent in defense of the replica industry. SPF and FFR were the major players, but make no mistake, EVERY person that owned a replica, EVERY manufacturer that built one had a stake in these various law suits. The cost cannot be calculated on money alone, personal lives, property, buisness' were at stake. Primarily the suit was about "trade dress", the shape of the Cobra body belonging to Shelby alone. Secondarily, use of the name, "Cobra" along with other various trade marked names. 427 SC, Shelby Cobra, FIA, etc. a laundry list of "names". Ford owns the name Cobra, not Shelby, so THEY had a stake as well and joined forces with Shelby to protect their trade mark. So the "name" thing was a no brainer, Ford and Shelby won that part easily. The "trade dress" was the key. If Shelby won that it could potentially shut down an entire industry overnight. At the very least he could demand virtually any amount of money he wanted from any manufacturer. Or choose not to license them at all. The stakes were unimaginably high. While Shelby did not technically "loose" his right to the Cobra trade dress issue, he did not "win" either. Out of court settlements were the primary reason, details are sketchy in such arrangments, folks are sworn to silence. Suffice it to say, Shelby lost the right to the trade dress issue, and a bunch of lawyers made a killing in the process!
Month's, even years down the road now, law suits continue to this day. It's a quagmire of law suits in fact. Hard to keep up with who Shelby is suing now or who is suing him, and/or for what! He even sued SAAC! Now THAT was to much for me, these are the very people who did the most to keep the dream alive!!! Dam, thats like suing your biggest fan base, a real slap in the face. Whatever, some didn't care about SAAC, others did, it was all very controversial, got real ugly. Again, settled out of court, mostly everyone is happy again, mostly, but the memories linger. Trust has taken a serious hit, skepticism abounds, love lost, paranoia runs deep.
So then, from seemingly out of nowhere SPF cuts a fart, uh, I mean a deal, with Shelby for a licensing agreement. WHAT???? Say it aint so, not the very ones who fought so hard for justice in the first place? It can't be??? Yup, they really did, dam, a real bomb shell of an event. They rolled over on their brothers, for the dollar, just a good "business decision", a way to avoid even more lengthy legal issues. Now if that's ALL it was I could deal with the whole thing a little easier.
But it's more sinister than that, in my opinion. SPF has gone on record saying that Shelby DESERVES a license fee, the guy has EARNED it. Not in the opinion of the COURT and not in the opinion of many other people involved in the replica industry. That trade dress battle was hard fought and won, morally and legally. The trade dress passed into public domain, no longer did anyone need to worry about a trade dress dispute putting them out of business.
When SPF said they Shelby deserves a license fee it was a major snub to all other replica manufacturers. It was a stab in the back. It was far more repulsive than a simple "license agreement from a good business standpoint" would have been. It was personal! So why did they have to say that? Why were they so compelled to put it into words that Shelby "deserved" it? I don't know, maybe they really believe it. I don't care why, I personally will never do business with them. I'll admire their well built car, hang with the owners, enjoy the hobby. But I'll be damed if those guys ever get one cent from me! Screw 'em, the back stabbers...
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and at the end ford owned everything anyway, remember Autokraft ? Sorry I digressed : Why does Ol'shell need all this money ? Like the zmax ad , really , really?
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