[Excaliber]

The Judge did not sustain FFR's fraud charge. This whole issue is one of a trade mark acquiring "distinctiveness" to Shelby at some point in time. IS the Cobra 427 S/C distinct, associated mostly or exclusively, with Shelby?

That distinctiveness could be lost over time or be acquired over time. So, Shelby's trademark application sought to show that the mark (Cobra 427 S/C) HAD aquired a distinction SINCE the SPF vs Shelby lawsuit. Therefore, it was a good faith application for trade mark and not fraud.

In the future, Shelby may once again file for a trade mark by showing that at some point in time the Cobra 427 S/C has become distinct to Shelby. The basic problem is this: A couple of hundred manufacturers have been making "replica Cobras" for decades. Shelby has failed to take significant action to stop them for decades. What action was taken is to little to late. There is nothing "distinct" about the shape that is exclusive to Shelby at this time.

Establishing "distinctiveness" is a very high standard to prove or meet. Simply using a brand name for 50-60 years is not enough, for example. It takes a lot to prove your case. With so many manufactures making Cobra 427 S/C's, they are hardly "distinct" to any one manufacturer.