Here's a link to an earlier thread discussing this.
FFR prevails in suit against Shelby
There is also a thread on the SAAC forum and of course the FFR site as well.
CS did indeed abandon the Cobra, if it were not for the replica's he would STILL be abandoning them. He owes a lot to replica manufacturers, not vice versa.
The shape is now in the public domain because it's not distinctive to Shelby. Nor is it distinctive to AC in England, or Ford, or FFR, or SPF or anybody else. Distinctive means: The general public associates a brand or trademark with ONE company or person. Such is not the case with the Cobra, it is associated with various groups, some of which are replica manufacturers. It was also noted that Shelby's modern version is a "replica", which finally answers the "is it real" question!