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02-17-2010, 07:47 PM
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CC Member
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Join Date: Oct 2008
Location: Jamestown,
NC
Cobra Make, Engine:
Posts: 6
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Not Ranked
Factory Five Suit Dismissed
Happen to see on the other forum where the suit against Factory Five was dismissed. Some issues still pending.
Frank
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02-17-2010, 09:18 PM
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CC Member
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Join Date: Mar 2005
Location: East Greenbush,
NY
Cobra Make, Engine: FFR Mark III, Carbed Explorer 302
Posts: 214
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Not Ranked
Ding, Dong the witch is dead!
__________________
Proud owner of FFR1004630RD '01 Explorer 302, FRPP B-Cam, Holley S/A 670, HD T-5, Wilwood pedals, 3 link, Koni shocks, 17" Bullett wheels, Baer brakes, Classic gauges, I-Squared wiring, Jaguar Racing Green w/Sliver Stripes
Tagged and road ready in NYSas of 6-5-09 Life is GREAT!
My build log http://www.clubcobra.com/forums/cobra-build-logs/80663-my-cobra-build.html
If you live "Upstate" near Albany, NY send me a PM. Our Cobra gang is growing and looking for new members!
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02-17-2010, 09:24 PM
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Senior Club Cobra Member
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Join Date: Dec 2000
Cobra Make, Engine: 2008 Shelby GT500
Posts: 235
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Not Ranked
Justice has been served!
FIA Mike
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02-17-2010, 09:31 PM
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CC Member
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Join Date: Dec 2002
Location: Apopka,
FL
Cobra Make, Engine: Building 289 Lemans / FFR mkIV chassis w/ Bruce Chervenak
Posts: 700
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Not Ranked
I read through the decision and the bottom line is ol' Shell and his lawyers got punk'd as it relates to his suit of Factory Five... It wasn't even close. What a waste of time and $$$. Pitiful.
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02-17-2010, 10:15 PM
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CC Member
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Join Date: Apr 2006
Location: Los Angeles,
ca
Cobra Make, Engine: Hurricane Motorsports, 427w
Posts: 439
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Not Ranked
Would love to read the decision. Can you PM me or post the link?
Matt
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Hurricane Motorsports #1053; 427w
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02-17-2010, 10:38 PM
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CC Member
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Join Date: Jul 2006
Location: Kent,
wa
Cobra Make, Engine: FFR Markll non doner build,Ford Racing 392,tremec TKO,8.8w/3;73s,Baer brakes,Black w/silver stripes,w/carbon fiber,gauges,spats,hood soop,door panel inserts.
Posts: 154
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Not Ranked
The lawsuit was just an attempt to put FFR out of buisness while the economy was in the crapper. kudos to FFR for standing their ground. Old shell should just worry about running his own buisness and leave others alone. Just my two cents. MadDog
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02-18-2010, 05:52 AM
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CC Member
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Join Date: May 2001
Posts: 1,330
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Not Ranked
Last edited by TButtrick; 02-18-2010 at 05:55 AM..
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02-18-2010, 07:34 AM
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CC Member
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Join Date: Mar 2008
Location: Cincinnati,
OH
Cobra Make, Engine: Superformance, Roush 402R and CSX 6029
Posts: 210
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Not Ranked
I am ignorant of a lot of the legalese in this decision. Would some of the lawyers on this site be so kind and put the details of this decision in plain english? What is the significance of the one part that was not dismissed? Thanks.
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02-18-2010, 07:43 AM
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Senior Club Cobra Member
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Join Date: Mar 2001
Location: Northport,
NY
Cobra Make, Engine: Kirkham, KMP178 / '66 GT350H, 4-speed
Posts: 10,362
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Not Ranked
Mod Note.
It's always good news when a suit within the hobby like this is dismissed.
If you wish to comment here with good wishes to FFR, you may.
Negative posts will not remain here.
We do have a policy of not discussing active litigation within the hobby on this site, however.
The remaining suit involves the FFR Forum; we do not wish to discuss that topic here.
Post you questions or queries on http://www.ffcobra.com if you like.
Thanks
ron
ClubCobra Moderator |
02-18-2010, 08:29 AM
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CC Member
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Join Date: Mar 2008
Location: Cincinnati,
OH
Cobra Make, Engine: Superformance, Roush 402R and CSX 6029
Posts: 210
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Not Ranked
I hope no one interpreted my question about the court decision as negative. I am very happy for FFR and the entire replica industry. This is indeed good news. Neither am I asking anything about active litigation, I was only asking for clarification of this court decision that has already been handed down. What, exactly, does this decision mean to FFR and the replica industry? AND best of luck to FFR!
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02-18-2010, 09:15 AM
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CC Member
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Join Date: Apr 2006
Location: Los Angeles,
ca
Cobra Make, Engine: Hurricane Motorsports, 427w
Posts: 439
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Not Ranked
The court has a sense of humor:
"The second lap in this high-octane litigation began on December 1, 2008, when Shelby again filed suit against Factory Five . . ."
__________________
Hurricane Motorsports #1053; 427w
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02-18-2010, 09:52 AM
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CC Member
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Join Date: Aug 2007
Location: Carlsbad,
Ca
Cobra Make, Engine: SPF 2932 with 438 Lykins Motorsports engine. Previous owner of FFR 5452.
Posts: 2,616
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Not Ranked
Personally, I don't think the purpose of the suit was ever to win.
I believe it was to bully FFR into submission via huge legal defense costs.
Kudos to FFR for standing their ground.
__________________
Jim
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02-18-2010, 10:36 AM
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CC Member
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Join Date: May 2001
Posts: 1,330
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Not Ranked
Quote:
Originally Posted by jhv48
Personally, I don't think the purpose of the suit was ever to win.
I believe it was to bully FFR into submission via huge legal defense costs.
Kudos to FFR for standing their ground.
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That raises an interesting question to our lawyers here. When a suit is filed against the defendant and the action is dismissed, does the plaintiff pay the legal costs of the defendant? |
02-18-2010, 10:56 AM
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CC Member
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Join Date: Mar 2007
Location: MIDLOTHIAN,
VA
Cobra Make, Engine: BACKDRAFT
Posts: 228
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Not Ranked
Will someone clarify what the final results were in plain English?
Dex..
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02-18-2010, 11:33 AM
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CC Member
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Join Date: Nov 2006
Cobra Make, Engine:
Posts: 166
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Not Ranked
Quote:
Originally Posted by SKINNEDR
Will someone clarify what the final results were in plain English?
Dex..
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Looks to me like it was "thrown out" because of the agreement they reached with FFR in 2002. The other parties listed had no such agreement so the judge wants to look further. |
02-18-2010, 12:56 PM
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CC Member
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Join Date: Nov 2008
Location: Anchorage,
AK
Cobra Make, Engine: TBD
Posts: 73
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Not Ranked
Court decision
I too hope a member with legal training will explain what the decision means in plain English.
It appears to be thrown back to Shelby to start over by informing in writing what exactly his complaint is, and allow FFR time to correct it. So in effect, he could do the whole thing again.
I will say I am glad that there has been a decision and also that I do hope FFR, and FFCobra will prevail and not be ruined.
I do find it very sad that the entire suit was brought on. If Shelby wins, who will be next? At least one company has been put out of business already.
I will say that Shelby doesn't see that all of our interest and activities make him MORE famous, rather than hurt him in any way.
And as has been said, the only winners are the lawyers 
__________________
ATTITUDE =
The difference between
Ordeal and Adventure
James 
Last edited by computerworks; 02-18-2010 at 01:01 PM..
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02-18-2010, 02:14 PM
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CC Member
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Join Date: Apr 2006
Location: Los Angeles,
ca
Cobra Make, Engine: Hurricane Motorsports, 427w
Posts: 439
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Not Ranked
Here's my read. The portion of the suit claiming that FFR's Type 65 coupe infringes on CS's copyright of the Daytona Coupe, was dismissed with predjudice (can't refile) as it was covered in the settlement of the prior litigation. The portion of the suit claiming FFR used copyrighted terms (such as Shelby, Cobra, GT 500, etc.) as metatags* on the FFcobra website, was dismissed without prejudice (can refile) since CS didn't give 30 day advance notice to remedy the problem before filing suit as was required in the settlement of the earlier lawsuit. Basically, this part was thrown out on a technicality allowing them to fix the technicality and refile.
It's anyone's guess whether CS will refile or not.
* Metatags are text placed in websites to pick up hits from internet search engines like google, yahoo, etc.
__________________
Hurricane Motorsports #1053; 427w
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02-18-2010, 02:28 PM
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CC Member
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Join Date: May 2001
Posts: 1,330
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Not Ranked
Quote:
Originally Posted by MFE III
Here's my read. The portion of the suit claiming that FFR's Type 65 coupe infringes on CS's copyright of the Daytona Coupe, was dismissed with predjudice (can't refile) as it was covered in the settlement of the prior litigation. The portion of the suit claiming FFR used copyrighted terms (such as Shelby, Cobra, GT 500, etc.) as metatags* on the FFcobra website, was dismissed without prejudice (can refile) since CS didn't give 30 day advance notice to remedy the problem before filing suit as was required in the settlement of the earlier lawsuit. Basically, this part was thrown out on a technicality allowing them to fix the technicality and refile.
It's anyone's guess whether CS will refile or not.
* Metatags are text placed in websites to pick up hits from internet search engines like google, yahoo, etc.
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I believe FFR's use of trademark metatags were for their own web site, not ICP's. They linked to ICP's web site at the time. ICP's use of trademark metatags is ongoing and not dismissed.
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02-18-2010, 02:43 PM
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CC Member
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Join Date: Aug 2007
Location: Carlsbad,
Ca
Cobra Make, Engine: SPF 2932 with 438 Lykins Motorsports engine. Previous owner of FFR 5452.
Posts: 2,616
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Not Ranked
This ain't over yet!
__________________
Jim
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02-18-2010, 03:34 PM
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Senior Club Cobra Member
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Join Date: Mar 2005
Location: Meriden,
CT
Cobra Make, Engine: ERA 427 SC s/n 718, 428 FE
Posts: 1,731
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Not Ranked
Quote:
Originally Posted by TButtrick
That raises an interesting question to our lawyers here. When a suit is filed against the defendant and the action is dismissed, does the plaintiff pay the legal costs of the defendant?
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The defendant is always responsible for his own defense costs, (unless he wins a countersuit which includes court costs). Recovering such costs is another matter.
__________________
"Paint It Black, Black As Night"
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