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Old 10-24-2015, 11:21 AM
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Join Date: Dec 2002
Location: New Jersey, N.J
Cobra Make, Engine: Shelby Cobra CSX4206 aluminum body, original 1965 NASCAR 427 SO, Dual quads.
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Quote:
Originally Posted by Joe's Garage View Post
-SAI began production of current generation Shelby Cobras to exact or near exact spec of their original series in 1990s.
-SAAC issues statement sometime near and prior to 2004 stating their position. LONG before litigation SAAC has with Shelby in 2008. Statement makes clear that second series are genuine Cobras but not part of original series. Only difference between original Shelby and current production is years of manufacture. -REAL 1

1988-2010 Shelby Cobra 427 S/C Continuation Series
Improvements include a stronger steel frame and better alloys used in the components, plus better cooling and additional heat shielding to make these cars safer and more drivable without losing any of their original character.

Shelby Cobra 427 S/C Continuation Series

Point 1: Notwithstanding the two conflicting statements "exact or near exact spec of their original series" and "Only difference between original Shelby and current production is years of manufacture", it is clear that the current production Cobras, like all the replicas, are an improved copy of the originals. Note that the Continuations are offered in fiberglass and carbon fiber bodies, a further departure from "exact or near exact spec of their original series".

Point 2: Shelby decided to market the CSX4000/6000 series as continuations to separate his cars from the "replica" field. That does not make them non-replicas. On this forum where we have many cobra enthusiasts who are knowledgeable on the subject, a large number view the Continuations as replicas, including Ned Scudder (Registry curator) who is a true expert on the Shelby Cobra. To think that only the uneducated pedestrian sees continuations as replicas is untrue, this threads longevity has proved that.

Point 3: Using the Dinghy versus Rowboat analogy. Sure, Shelby can call his current production cobra a Dinghy, and all the others are Rowboats. But when you bring a "Trade Dress" lawsuit claiming unique distinction of your car against the others, and lose, then the court has ruled that your car is a Rowboat. As part of that ruling handed down by Judge Walsh, Shelby identified the 427 S/C replicas as being identified with a CSX4000 designation.

Point 4: The man behind the marketing of the Continuation Cobra, Carroll Shelby. Has he given us any reason to believe what he is producing is uniquely "different" than what was already being produced at the time. I would say no, in fact quite the contrary. When one looks at the Carroll Shelby legacy, there is evidence that his character is quite suspect when marketing or trying to sell cars.

Counterfeit Cobras
In 1993 the Los Angeles Times exposed a Carroll Shelby scheme to "Counterfeit" his own cars. With the price of an original 427 c.i. Cobra skyrocketing, Shelby had, by his own written declaration executed under penalty of perjury, caused the California Department of Motor Vehicles (the government agency responsible for titling vehicles and issuing operator permits) to utter forty-three "Duplicate Titles" for vehicles that did not officially exist in company records. A letter from AC Cars confirmed the fact that the chassis numbers Shelby had obtained titles for were never manufactured, at least by AC Cars. Only fifty-five 427 c.i. Cobras had been originally produced out of a block of serial numbers reserved for 100 vehicles. Shelby had taken advantage of a loophole in the California system that allowed one to obtain a duplicate title for a vehicle only on a written declaration, without the vehicle identification number appearing in the DMV's database or the declarant ever presenting an actual vehicle for inspection.[13] Shelby later admitted[13] that the chassis had been manufactured in 1991 and '92 by McCluskey Ltd, an engineering firm in Torrance, California, and were not authentic AC chassis.

https://en.wikipedia.org/wiki/AC_Cobra

Final Point: Call your Continuation a non-replica genuine Shelby Cobra if you like, that puts you in a pretty small club - even some of your fellow CSX owners do not agree with that classification. The bigger picture is that you are at odds with the majority of cobra enthusiasts. So when you do get into your genuine Shelby Cobra for a nice drive, know that you can do so because your state has allowed you to register your genuine Shelby Cobra under DMV special provisions set aside for component vehicles/kit cars/replicas.
1. I don't usually rely on advertisements for my facts. Your dates I believe are incorrect. I rely on the Registry (considered world wide as the most authoritative source on these cars) and other texts from other authors. The two statements "exact or near exact to original specs" are not conflicting but differ in degree. Black and white conflict. Cobra and "replica Cobra" (as the term "replica" is incorrectly commonly used and intended) conflict. SAAC explains this clearly. Current production Cobras do "continue" the shape and "design" of the original series as they must to continue the production of the car in another series by the manufacturer in this case SAI which was the manufacturer of record of the original car and the manufacturer and sells the current series of the same car in some cases with minor changes.

You can argue minutia all day long. Fiberglass not aluminum in some cases that makes not a wit of difference in the final analysis of what the car is. Carroll Shelby originally wanted to do fiberglass for the original series in fact. Original cars varied in fit and finish, it's mechanical composition and shape. So? A difference without a difference.

Even today originals vary in authenticity from "original" to "original/restored" to "original/rebodied" to "reconstructed" that vary in correctness and originality. I could make a very very legitimate sound argument that the current production Cobras are in fact more genuine Cobras than many original restored depending on the degree of restoration and quality and certainly more genuine than "rebodied" and many "reconstructed".

2. This "replica" issue has already been addressed by SAAC and in fact Websters Dictionary. Shelby was 100% correct. He didn't want his "true replica" (See Websters and the Registry) which would be a genuine Shelby Cobra to be confused with the "boot leg fakes" of a Shelby Cobra especially since the term "replica" was now commonly used to refer to fakes of a Shelby since for 40 years no other Shelby Cobra existed at that point. The originals were considered the only real Cobras because no other Shelby Cobra existed as of the early 1990s

Like everything things change. There appeared a new Shelby Cobra on the block. Original owners don't like that nor does the Registrar of the original series but...as I say "oh well, too bad, that's life". Neither "Ned the curator" (not sure what he is the "curator" of) no matter how much he knows about original Cobras or anyone else can change the facts on the ground as they exist today. It is what it is.

This threads longevity has nothing to do with anything nor does it establish anything (0) except the bias against the new Shelbys and desperate repeated effort to paint them as nothing more than a "replica" as that term is commonly understood and used by "Joe Blow". "Joe Blow" doesn't set the standard. If they did SAAC for its Registry would have taken a poll here and from "Joe Blow"and called it a day.

The persons on this thread and on this cite by and large don't own Shelbys. They are the ones looking to "establish" something other that what the car is. They will continue to do so. The vast majority of Continuation owners don't participate on this cite. All the continuation owners I have conversed with and communicated with over the past 15 years see it as I do. I have spoken to many many owners. A miniscule microcosm of that ownership community participate here on this cite because of it's perceived bias. Fact as I have discovered over 15 years. Don't know how long you have been around this hobby but I would be surprised if it was as long as me going back to 1997 with my Exacalibur.

3. The trade dress lawsuit established nothing except that Shelby sat on his hands and allowed the shape of the Shelby Cobra to be coped for years thus putting it in the public domain. If you drop a dollar bill and don't pick it up you lose it. The "dicta" in the case referring to or using the term "replica" in it's commonly misused manner does not establish or decide a thing. That was not the issue before the court. Not even a court can stop the misuse of a term by the general public. Further, Judges makes mistakes all day long even on issues being decided. I see it every day. Sometimes there is the actual truth and fact and then there is the truth and fact as found by the court. They can be quite different. Trust me.

No other manufacture owns or has the rights to Cobra or Shelby marks. That issue is clear. Not even AC.

4. The fact that Carroll Shelby did less than honorable things does not change the facts of this issue or discussion. Who ever is familiar with this hobby and Shelby American is familiar with his "gamesmanship" regarding the Completion Series. The issue there was not whether they were genuine Shelby Cobras but a nefarious effort to pass those cars off as having original CSX 3000 chassis. Carroll Shelby was always a salesman. If anyone thinks he was in it during the 1960s for some philanthropic purpose they need medication. He was always profit motivated. Show me a business that isn't. You are not profit motivated in your business.

Carroll also did much good to. He established a heart fund. He brought us the Cobra and the many great cars he brought us. He was an automotive icon that brought home the bacon from Ferrari for the U.S. manufacturers. He brought us a great legacy and but for him you wouldn't have that chassis sitting on your floor that we have yet to see.

Finally, the only "Cobra" enthusiasts I am at odd with are those that don't own Shelbys. I get it. No problem. The small group of Shelby owners here agree with me except for a two that are free to see it their way. Even one of the two stated the Shelby has a prestige and distinction the others don't have. 100% correct. They are free to see their cars as the wish. No problem. Again, the vast majority of Shelby owners I have had contact with (which is many) see if very very differently. That I assure you. Again, they have told me they don't bother with this cite for the stated reasons.

As to DMV as a source for you argument you are free to cite DMV. I would wait for any DMV to be competent with anything before I would cite to them but you can feel free. I'll have to email SAAC and advise them they forgot to consider what DMV says.

All I know is I have a Shelby Cobra in my garage and I'm going out for a cruise to meet a friend with a Kirkham Cobra.

Enjoy your day.
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