[computerworks]

YOU DO HAVE A DOG IN THIS HUNT

What does all of this matter to SAAC members? If you think the answer to that is, “Not much,” you’re sleeping through your own trial. When you distill everything else away, whoever controls the registry determines how terms are defined. Words like “genuine,” “original,” and “authentic” all have meanings. While they can be open to interpretation, if most people agree on their definitions—or lacking complete agreement, just accept them—everyone knows where they stand. Over the past 33 years SAAC has created a system for collecting and disseminating information on these cars and using these terms with consistence. When we say a car is “original” there is little doubt what that means. But if someone else were to take the registry over and broaden these definitions, if “original” meant whatever they wanted it to mean—and as controller of the registry they had the standing to enforce it— what do you think would happen to the desirability, interest and ultimately, the value of these cars? If a Cobra built today was accorded equal status to one built in 1965, how would that affect the one built in 1965? Would they both now be worth $500,000 or would they both be worth $125,000? Imagine if a couple of thousand new Shelby Mustang serial numbers were added to the database, each accorded the same status as those already there? We’re not describing a Rod Serling script for the “Twilight Zone” here.

That’s why SAAC has chosen to fight this, and why we need to support of every single member in the club. We intend to aggressively pursue this matter in court and go as far as we need to in order to protect the history of these cars for the long term and to maintain the club’s viability so we are able to continue do that. We are under no illusions that this will be easy or cheap. But we feel, deep down, that the club and the provenance of these cars are worth whatever it takes. The outpouring of support so far has been overwhelming. Virtually every member who has contributed to SAAC’s Legal Defense Fund has also enclosed a letter or note of encouragement. This is extremely gratifying. We are presently working with our lawyers to develop a strategy to meet this challenge and we are looking forward to keeping club members updated on what that is. However, at this precise point in time we feel that to do so would be prejudicial to our case.

When SAAC was started, back in 1975, there was no Shelby American, Inc. That company was no longer producing cars. And quite frankly, back then there wasn’t the awareness of things like copyrights or trademarks. All that came much later. When owners needed a stripe kit, hood ornament or unique bracket that was not available anywhere, someone simply had some made, sold them to everyone who needed one, and crossed their fingers hoping to recover their costs. Too many lawyers with too little to do are responsible for today’s labyrinth of legalities in the trademark and copyright area. Shelby was quick to realize this and had more than a hundred names trademarked. At a cost of about $2000 for each filing, this was not an inconsequential undertaking. But it wasn’t anything at the top of the to-do list of the enthusiast making GT350 drive shaft loops and selling them out of his basement or garage. As the value of the cars rose, so did the interest of those who would have otherwise not looked twice at them—Shelby included. Ford began sending nasty letters to anyone who chose to use “Mustang” in the name of their business. Likewise, Shelby kept his lawyers busy writing licensing agreements and enforcing them. Things have come a long way in 30 years, from when someone showed up at a meet, opened the trunk of their car, and spread an array of new or used parts on a blanket and tried to sell them. But you can’t go back to the “good old days” much as you might like to. Like it or not, we’re in this for the long haul and we hope you stick with us.

- Rick