Another Lawsuit? History keeps repeating

[nkb]

https://www.edp24.co.uk/news/busines...2k4BAXtsU72MWE

[strictlypersonl]

Originally Posted by nkb

https://www.edp24.co.uk/news/busines...2k4BAXtsU72MWE

"We are aware that Acedes and AC Cars have commenced trademark infringement proceedings against us for use of the SHELBY COBRA trademark in relation to these cars."

If they are using "Shelby" and/or "Cobra", they are challenging what has been settled in the US. If you look closely, no US company uses those trademarks (or at least they shouldn't be).

[sunman]

That’s the problem, they are Superformance cars and ARE licensed by Shelby Heritage (Carroll Shelby Licensing).
I’m going for a “Cobra” license plate.

[twobjshelbys]

Different country, different rules...

[sunman]

Since they have exited the EU Britain is in trade agreement negotiations with 20 individual states so far.
When they sign one with Nevada they will have to respect Shelbys trademark which probably brings them a little cash.

[Harpoon PV2]

As every one knows, Shelby sold the Cobra name to Ford for $1.00, and they have used the name on and off over the decades. So who owns it now? Cheers, Dennis

[peterpjb]

the trademark "Cobra" ist owned by Shelby American Inc., AC isn't allowed to use the word "Cobra" for their product and invented the trademark "AC Cobra" instead . Pretty sure they will loose their lawsuit. This Accedes/Lubinski-bs is so ridiculous

[1ntCobra]

Originally Posted by peterpjb

the trademark "Cobra" ist owned by Shelby American Inc., AC isn't allowed to use the word "Cobra" for their product and invented the trademark "AC Cobra" instead . Pretty sure they will loose their lawsuit. This Accedes/Lubinski-bs is so ridiculous

I think the situation is much more complicated than that. Shelby sold the name Cobra to Ford, but when Shelby started making continuation cars, I think Shelby sued Ford and there is some sort of joint ownership of the name Cobra between Ford and Shelby. I think Shelby can use only use the name Cobra in regards to the contination cars, but Ford can continue to use the name Cobra for other things and cars that do not look like a Shelby Cobra.

At one point Ford also had like a 50% ownership of AC when Brian Angliss was involved. I know that in the US, the imported cars were called AC MkIV, but I am not sure about this, but I think Brian Angliss was allowed to sell those cars as AC Cobras outside of the US. At some point I think Ford must have gotten out of their partial ownership of AC. So does Lubinsky even have the right to use the name Cobra at this point? Who knows...

[peterpjb]

Originally Posted by 1ntCobra

So does Lubinsky even have the right to use the name Cobra at this point? Who knows...

that is the point, Lubinsky hasn't the right to use the name Cobra, but Shelby has since the late 90th.
Before the rights swapped to Shelby back, Brian Angliss had the rights.

therefore Dubinsky invented the name "ACcobra"

[mrmustang]

Remember, the only people who really win a lawsuit are the lawyers.

That is why we have so many of them on this site who own cobras


Bill S.

[patrickt]

Originally Posted by mrmustang

That is why we have so many of them on this site who own cobras

... and don't know shi* about intellectual property law. (Especially in foreign countries.)

[sunman]

It’s Shelby Heritage (Carroll Shelby Licensing) who owns the trademarks. Google it up bottom of page they are listed. They own the trade dress rights to the Daytona Coupe
Mines a “Classic 427” not a Cobra.
American hotrod.
Chopped Chromed and Toasted

[cycleguy55]

Clive Sutton Ltd indicates they're being sued by Acedes and AC Cars for use of the SHELBY COBRA trademark, but the article indicates the lawsuit is over replica AC Cobra cars. There's a fundamental disconnect here as to what the lawsuit is actually about (e.g. AC Cobras or Shelby Cobras) and, of course, in order for the plaintiffs to be successfuli in a claim they'll need to prove not only infringement, but also that they own the trademark rights for which they're claiming said infringement.

This won't be settled any time soon and no doubt the lawyers will be the big winners.

[sunman]

The cars in question are the Superformance that he recently started importing especially the fiberglass cars.
Licensed by Shelby Heritage (Carroll Shelby Licensing)
October 13 2010, United States Trademark Trial and Appeals Court settled the matter. Shelby and Ford vs Superformance, civil action number 00-12581-RWZ.
The U.S. has trade agreements with the EU. Britton dropped out. South African cars, this will be interesting. Shelby licensed replicas being sued for being Shelby Cobra branded replicas.

[Chicagowil]

This just highlights the position I have held for most of my business career- if your damn product was that good, you would not have to try to protect it in the courts to make money! It simply means they (AC) can't compete either do to quality, price or performance. So they want to "legislate" the competition out of business or get a "spiff" for the better products so they don't have to work!

And this is someone married to a well respected IP atty!

[1ntCobra]

So when was the last time that Lubinsky actually delivered an actual car to a customer?

[Mark IV]

Originally Posted by 1ntCobra

So when was the last time that Lubinsky actually delivered an actual car to a customer?

By "car" you mean a completed, running vehicle? Most of us were in short pants when that happened!

[1985 CCX]

Originally Posted by 1ntCobra

I think the situation is much more complicated than that. Shelby sold the name Cobra to Ford, but when Shelby started making continuation cars, I think Shelby sued Ford and there is some sort of joint ownership of the name Cobra between Ford and Shelby. I think Shelby can use only use the name Cobra in regards to the contination cars, but Ford can continue to use the name Cobra for other things and cars that do not look like a Shelby Cobra.

At one point Ford also had like a 50% ownership of AC when Brian Angliss was involved. I know that in the US, the imported cars were called AC MkIV, but I am not sure about this, but I think Brian Angliss was allowed to sell those cars as AC Cobras outside of the US. At some point I think Ford must have gotten out of their partial ownership of AC. So does Lubinsky even have the right to use the name Cobra at this point? Who knows...

I believe
AC cars in Angliss days were allowed Cobra outside US markets.
Ford has long been disconnected with AC, since Angliss days as well.
These things take so long because lawyers perpetuate these affairs as it helps their pockets $.
Unfortunately that is what they do, push that finish line. Sort of like kick the can.

[sunman]

This is about the EV cars.
Superformance $180,000
AC $232,000

[Harpoon PV2]

Ford, Shelby and AC came to an agreement on the Cobra, that after the cars were homologated, AC would provide Cobra's to the rest of the world. The first cars were pure racers, and had the prefix, CS, as was customary with AC, but no badges. The street 289 MKII were COB or COX, C for Cobra, O for Other, (other then LA or NY) B for right hand drive, and X as always, export. The Hurlock's were getting tired of Carroll, so they called the cars, AC Cobra, with the Cobra badge on the nose and the AC script on the boot. The later AC289 had AC script badges front and back. Of course, that was many owners ago! Funny side note, the AC 428 Frua's were prefix CF, Cobra Frua, go figure, since the car was never called Cobra! Cheers, Dennis