I have looked through the judge's orders from 2002 and I do not see where Shelby lost anything with respect to trade dress of the Daytona. Don't jump my ass...if I am wrong then post the printed facts here. In the new lawsuit he is asserting a valid design trademark for the Daytona likeness issued by the USPTO.
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Originally Posted by Gatorac
Just put aside the emotion of this issue for a moment. The points that elmariachi makes are valid and interesting. What did the existing replica manufacturers do to make sure they where "square" with any trademark issues regarding these cars? Did they do anything or did they just decide to make a replica
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Exactly. Everyone just jumped on the bandwagon thinking the matter was dead. And maybe it was. But not for CS and I think that is why he will not go away nor will his successors. He has a complete list of every company paying them a license royalty, which means he also knows who isn't. And for Dave Smith to go on the record in public and act surprised about another suit and say the things he purportedly said in post #41, is likely adding fuel to the fire. If this chicken farmer is as whacked out and boggus as everyone here contends, then the LAST guy to piss off is the one that cannot be reasoned with.
I truly believe the successors will be worse. They will inherit a dairy farm with one cow, and its dead. CS is approaching this from a fickle, bitter, angry point of view. Others will look at it purely as business and their litigation will come around a whole lot more often than every 5 or 6 years.