Pretty much a re-hash of the same issue Shelby lost to SPF on.
"Trade dress", "shape" of the Cobra, the 427 S/C in particular. FFR alleges "fraud" against Shelby for filing a claim on the "trade mark/dress" in that the matter was previously decided by another court. SPF vs Shelby, where SPF prevailed.
In this case Shelby applied for a trade mark based on the shape of the 427 S/C Cobra (again?). FFR opposed him and filed suit to stop said trade mark from being issued.
The Administrative Trade Mark Judges ruled in favor of FFR. This is in fact a victory for ALL Cobra manufacturers.
Interesting quote for the Judge Walsh, who wrote the opinion on the matter, in favor of FFR.
Quote:
...we find no meaningful distinction between what applicant often refers to as a continuation, on the one hand, and a replica, on the other
hand. Both applicant’s "continuations" and the third-party "replicas" are being sold principally in kit form.
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