[Evan Harris]

Creeper:

You are not disagreeing with me nor I you. Read my post carefully.

Yeah. Your are right he MAY be too late. What was "then" may actually do the trade dress claim in. However, neither you or me will decide that. It will be decided on ALL the facts and the law as applied to ALL the facts by the Court and perhaps a jury. I don't think you or anyone else can fairly sum up ALL the facts in one sentence and slap a cliche on it and say SAI loses. But if thats how you feel thats OK. But it may not be as simple as that.

STG: Your right. At least some of the cross examination may go something like that. However, we don't know what Shelby did or did not do to object to the replicas being produced or when and what was said in response. Did he send letters requesting cease and desist. Did he advise some or all that he viewed their actions to infringe on trade dress short of actually suing at any time? If he did was it sufficient legally to preserve his rights under the law and was it timely enought? Don't know. You would need all these questions answered and probably more I haven't thought of and then research the law to formulate a valid legal opinion. I don't know the answer myself.

Speed Waxer.