Not Ranked
The following is a response from Dave Smith posted a couple of days ago:
Guys,
I’m sorry that this had to come out in a public forum, but now that it has, I feel an obligation to provide you guys with a few answers.
Many of you may or may not know the full history of this nonsense, but for those of you who don’t I should say that we (FFR) were in a long battle with Shelby over the name “Cobra” and the shape of the car (referred to as trade dress) . That legal fight was resolved in 2002 by way of a Consent Judgment in the Federal Court. Under the Consent Judgment, FFR agreed that it would not use the word Cobra or the Cobra Snake design which was a no-brainer for us since we weren't using it anyway. Imagine spending hundreds of thousands of dollars to litigate over a mark which we not only did not use, but never wanted. FFR has always fostered its own brand and good will and we would NEVER want to be confused (no matter how inadvertently) with any other person or company, especially Shelby.
FFR's focal point of the Consent Judgment related to Shelby's claims of trade dress (the shape of the car) which obviously meant a great deal to us. When Shelby filed the litigation in 2000, he ran several statements which claimed he would obtain a $10 million damages claim and shut down FFR's production of our Roadster. We were quite prepared to litigate this to the end, and based on our expert report (and a later Judgment in the Superformance litigation that declared that Shelby's claims for trade dress were not protectable) we undoubtedly would have prevailed. That being the case, Shelby agreed under the Consent Judgment to Dismiss With Prejudice all claims related to the trade dress of all FFR kits including, but not limited to the Roadster AND the Type 65 Coupe. For those of you who, like me, aren't necessarily schooled in the legal jargon, "With Prejudice" means that the claims are forever dismissed and can never be raised again.
So, despite this, Shelby (who apparently is also not schooled in the legal jargon) now has sued FFR again! (related primarily to the trade dress of FFR's Type 65 Coupe), in direct contravention to the Consent Judgment (which is a final order of the Federal Court!).
Where did this come from?
I don’t know. BUT I think it happened at SEMA. We were just across from Shelby’s booth and we had Farra’s World Record Breaking Bonneville Coupe on display. The traffic at our booth was busy non-stop, while there were crickets in the Shelby booth just across the way. I personally think that made old Shel angry and he basically told his lawyers to sue us regardless of any Court Orders, facts or whatever. That is just my belief, but only Shelby knows the reasons. I also think he included Langley and Bill here on the forums as a way to harass and try and damage our business. We don’t own or operate the customer forums and the forums don’t make and sell a competitive product to Shelby and in my view isn’t violating the law in any manner. With respect to Langley, he is just a small shop who, to my knowledge, builds perfectly legal FFR’s and is being bullied by Shelby.
I also think this action comes from the fact that we are the only company objecting to Shelby’s current USPTO application for a trademark on the shape of the " 427 S/C Cobra " , an application that is being evaluated right now at the USPTO (United States Patent and Trademark Office) and that we (FFR) are objecting to for obvious and truthful reasons. I believe Shelby’s attempt to get a trademark on the Coupe was denied once back in the 90's and he re-submitted it recently, may have gone thru.
In the end, I don’t believe Shelby's lawsuit will go anywhere. While I am a strong proponent of morality and good will toward man, especially on the eve of the most Holy night of the year, Shelby may force our company to finally go on the offensive and seek damages against him for malicious prosecution, contempt of court, and for being a really mean person (I made up that last one). Seriously though, right is right and I was raised in a Navy family to believe that our system of laws is just and fair. I think this has gone too far.
We have won against Shelby in every effort we have ever made. Our lawyers (with our permission) even helped a group of FFR kit car competitors defeat Shelby in his attempt before the 1st Circuit Court of Appeals to overturn the lower Court's ruling that the 427 S/C was not a protectable trade dress. This will be no different and I think, only serves to permanently cement Shelby’s legacy not as the great hero he was way back when, but rather, as one of the most litigious, mean spirited and money-grubbing guys of all time.
Carroll Shelby is an old man. I ask all of you not to be caught up in self-righteous anger but to join me in feeling sorry for the guy. I wish him no ill will and sincerely hope that he will spend the remainder of his days surrounded by people who love him (as compared to those wanting to cash in from his legacy) and enjoying the positive things in life, rather than plotting with his lawyers to do in his next victim.
I wish all of you Safe, Healthy and Happy Holidays. All of us here at FFR are doing just fine and this legal action is frustrating, no doubt, but hardly worth the worry. Right is right and in the end good always prevails when committed to the truth. We are all looking forward to a great New Year and I will try and keep you guys updated via our website, but did so here on this forum at the request of customers who reported on the recent California lawsuit post.
One more thing. Don't let this negative energy affect all of you. What has been built in this amazing FFR community by all of you is very very special. The stories are many, the fellowship and stoke is genuine. You might laugh at this last statement, but very soon you guys will see that this small, humble community will become an inspiration to an entire Nation. I have big plans you see and we are just getting started!
Shelby is the past. I'd rather be talking about news that our GTM is the second fastest 0-60 mph street car ever tested in the history of Car and Driver Magazine. Cooool.
Dave Smith
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