[Russ Dickey]

The answer is emphatically "NO!". Because I work in the product development and licensing business, I can tell you that when you take two existing licensed products, change it slightly and combine them into your own product, and re-sell it, you have created a new product.

Regardless of the fact that he didn't design the original AC body, nor did he design the Ford engines that went into them, the mere fact that he combined them into one makes him the CREATOR of an all new product. In addition, he made significant changes to the original AC body. The flares, grill openings, and hood scoops may not be much to some of you guys, but I can assure you that they are considered significant in the industry.

In my opinion, he got screwed in his lawsuit case. Because of my affiliations with NASCAR, I know the ins and outs of licensing, royalties, and product development with racing teams. If I take an exisiting Dale Earnhardt Jr. product, combine it with an existing Jeff Gordon product, throw in a display case of my own design, and market it under my company's name, guess what? I owe Jeff money, I owe Dale Jr. money, and the law considers my "set" to be an all new product. Regardless of the fact that the royalties had already been paid on the two existing items.

Once I pay those royalties, then I can legally protect my new "set" against others who might try to copy my idea, even though it contains two pre-existing products that anybody could go and obtain for themselves. I think where Shelby lost out was the fact that he waited so long to protect what was rightfully his.

I truly believe that the replica companies owe Shelby some sort of royalty or licensing fee. They are making money off of a car he designed and built. So what that he took a while to ask for his share? The Cobra, and it's likeness, belongs to him and he deserves a cut.

In fact (and this will blow your mind), if Shelby came out to replica owners and said, "I'll give you an official CSX number, and endorse your car as a Cobra, if you just pay me the industry standard of a 6% licensing fee (based on the original cost of your car or kit)", I'd do it. My deluxe pallet kit cost about $19K, so that would be about $1140, and I'd pay it. Why? Because it's the right thing to do.

Russ

P.S. How long do you think it will take before this thread gets locked??????

edit for spelling errors