[Don DePontee]

Originally Posted by Three Peaks

Where the rub comes in is that the Old Man didn't protect his intellectual property for a long number of years. In my limited understanding, that creates a condition where the IP becomes a public property and is available for use. Even trademarks are only protected for a certain number or years if not renewed or protected.

If you read the copy of the suit filed, it states clearly that the "Daytona Coupe" are NOT protected or trademarked, but obviously Ole Shel has determined he has a right to their exlcusive rights anyway?
Much of this suit has been settled once already in the first suit and I assume will be dismissed again with this filing without going to the "jury trial" demanded by the Shelby lawyers.

A quick question here-
At the time FFR and many other manufacturers started making their replicas of the Shelby Cobra, was their even an entity in place that they could have applied for permission?
My understanding is that Ole Shel' had pretty much abandoned the Cobra and everything else in that realm and was living in South Africa or somewhere else pursuing other interests?
IMHO, and I believe in the opinion of the legal objectives here, once the brand has been abandoned for a length of time, it is available to whoever wishes to use it without restrictions. That would obviously preclude the need for paying of royalties in this instance, on top of the fact that the royalties Shelby demanded after the fact were ridiculously over estimated.

Bruce, I also find it very disengenous of you to play one side on this forum and have your hand out on the other forum under a different name. A little sour grapes from not being able to sell your warers, bodies, and/or molds to Factory Five?

Three Peaks, Thank you, what you have explained is the core reason why Shelby lost the first time and will loose again this time.
Don