Shelby's latest lawsuit, who's next? - Page 5

TXWOOD · #81 (**permalink**) 12-26-2008, 12:58 AM

No attacks on anyone here, but if you think Carrol deserves a royalty payment for your replica, send him a check, I am sure he will accept it. IMO, I don't think the first guy who makes an engine swap into the body/frame of another car deserves a royalty check. Who gave Ford the rights to the AC car with a Ford V8 in it. If you put a Chevy motor in one of these, is it still a "Cobra" Replica? I don't know that Shelby ever put a Chevy motor in one, so does that exclude you from owing Shelby a royalty check. Can the first guy who ever put a different motor in a body/chassis come back and claim that was his intellectual property and now everyone who puts a different engine,trans, rear end in some other body / chassis now owes him a royalty check? I don't think Ford or Shelby has ownership of any rights in an engine swap into a car, that is just hotrodding. Your opinion may vary and that is alright with me.

TButtrick · #82 (**permalink**) 12-26-2008, 02:29 AM

Quote:

Originally Posted by RedBarchetta

I'd be curious to ask the bickerers how this latest lawsuit actually impacts them personally? Otherwise, the only people that have a dog in this fight are Ol Shel, the Smith brothers and some other related parties. You folks make for some entertaining reading on a wet and cold Christmas afternoon.

Geesh. I would think anyone who builds, owns, or is purchasing a Cobra replica would have skin in the game. This is my hobby and my passion.

Boostedsnake · #83 (**permalink**) 12-26-2008, 02:39 AM

I think the Ac Cobra and the story haved been almost forgotten if we entisuast havent been around?

Perhaps someone should pay us?

Silverback51 · #84 (**permalink**) 12-26-2008, 05:42 AM

Quote:

Originally Posted by RedBarchetta

I'd be curious to ask the bickerers how this latest lawsuit actually impacts them personally? Otherwise, the only people that have a dog in this fight are Ol Shel, the Smith brothers and some other related parties. You folks make for some entertaining reading on a wet and cold Christmas afternoon.

I think the one way that this could impact us personally is we are consumers. What if Shelby started winning these cases, to the point that the only car available any longer is his CSX series. They would then be priced out of the range of most consumers that wanted one. That would suck.

And suppose that a court decided he deserved money for all the replicas that had been built. If the company was still in business at the time of the decision they would have to pay. If not, it was up to the owner to pay Shelby.

I realize that's pretty for out there and will not happen (I hope), but I have been surprised before.

Personally I just hope it get settled once and for all and it goes away.

Don · #85 (**permalink**) 12-26-2008, 08:01 AM

I checked the Caroll Shelby Licensing PR firm, Time Piece Public Relations, web site and could not find any updates regarding the referenced lawsuit. CS is still listed , click on Clients.

http://www.tprm-usa.com/

Don · #86 (**permalink**) 12-26-2008, 08:20 AM

FYI........

" Posted On: December 11, 2008 by Milord A. Keshishian
Legendary Race Car Driver Carroll Shelby Filed A Trademark and Trade Dress Infringement and Violation Of Right Of Publicity Lawsuit In Los Angeles Federal Court "

http://www.iptrademarkattorney.com/2...es-lawyer.html

elmariachi · #87 (**permalink**) 12-26-2008, 09:37 AM

Just to clarify my prior royalty comment I made:

- Notice I separated Shelby's property (as is defined by the law or in this case the outcome of the lawsuit) from the Cobra, for obvious reasons. In the case of the Cobra it has been decided by the courts that the body design is not distinct, thus he is not due a royalty. Unless you market it as a "Shelby" Cobra replica, in which case I suppose he will sue.

- I also wrote either a royalty OR consent.

I am not suggesting that you and I mail a royalty for our cars to Carroll Shelby. What I am offering for discussion with respect to the lawsuit is manufacturers in this sport need to be sure they are 100% square before they start producing rather than after. Anytime you go into business and you use a design or property of another (Shelby, Ford or otherwise) you should expect that if you fail to acknowledge the creator (via a royalty or via consent) you have opened yourself up for litigation. If you create derivative works (meaning you derive your product from that belonging to another) then you have an even bigger issue on your hands that could involve theft of an existing design. Either way, you have the choice of resolving it up front or resolving it after the fact. The latter is always more expensive, just ask Microsoft. Again, I do know the full history of Shelby's actions and comments as they pertain to his claims of ownership.

I do have a dog in this fight because I have invested in a replica and may invest in a business related to this hobby. But if we all have to live in fear of lawsuits from Shelby, then replica ownership may be the extent of it for me.

Mark IV · #88 (**permalink**) 12-26-2008, 10:08 AM

Quote:

Originally Posted by Don

http://www.iptrademarkattorney.com/2...es-lawyer.html

I guess I missed that time when C.S. "broke the land speed record at Bonneville"

mrmustang · #89 (**permalink**) 12-26-2008, 10:18 AM

Quote:

Originally Posted by Mark IV

I guess I missed that time when C.S. "broke the land speed record at Bonneville"

MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG MuSt ReSiSt PoStInG

AAAAAAARRRRRRRRGGGGGGGGGHHHHHHHHHHHHHH

Bill S.

Mark IV · #90 (**permalink**) 12-26-2008, 10:28 AM

Aw come on Bill, give into your desires and let fly! I just love the "PR Wire" type stuff done by someone reading from a clip bio and the Daytona Bonneville records becomes a "land speed record"...........

jhv48 · #91 (**permalink**) 12-26-2008, 10:37 AM

WOW!

I don't log on for a few days and this thing really heats up.

Ole Shel has the right to sue anyone at anytime for anything. The reason that he chose FFR again is part of his game to go after the firm that produces and sells the most Cobra replicas each year.

If he can make them suffer/go bankrupt/settle, etc., then he can effectively cripple the industry and will go after the other manufacturers next.

So, do each of us have a "Dog in the Fight"?

YOU BET!

So knock off the petty bickering and help support FFR (and potentially all the other non licensed kit manufacturers) against this a--hole!

If FFR caves/folds, can the others be far behind?

Don DePontee · #92 (**permalink**) 12-26-2008, 10:58 AM

Jim, thank you, you hit the nail on the head and very well spoken.
Don

Michael C Henry · #93 (**permalink**) 12-26-2008, 11:03 AM

If It wern't for the replicaters I wouldn't have my car. It's annoying that people who haven't seen my car hear the term Cobra replica and they start talking about their Mustang they used to have, or the person (usually a gal) who asks "what year of Corvette is that".

madmaxx · #94 (**permalink**) 12-26-2008, 11:24 AM

I think Shelby is right. I paid an extra $1K to have his name on my car. You guys need to pay also. I hope he shuts everyone down, that way mine will be worth that much more.

Just joking!!!!!!! He is a legend in his own mind, and as money hungry as I.

Quote:

Originally Posted by jhv48

WOW!

I don't log on for a few days and this thing really heats up.

Ole Shel has the right to sue anyone at anytime for anything. The reason that he chose FFR again is part of his game to go after the firm that produces and sells the most Cobra replicas each year.

If he can make them suffer/go bankrupt/settle, etc., then he can effectively cripple the industry and will go after the other manufacturers next.

So, do each of us have a "Dog in the Fight"?

YOU BET!

So knock off the petty bickering and help support FFR (and potentially all the other non licensed kit manufacturers) against this a--hole!

If FFR caves/folds, can the others be far behind?

Don · #95 (**permalink**) 12-26-2008, 11:28 AM

Did anyone notice......details

The Court Clerk's date/time stamp has the year of 2000, rather than 2008, or the last 0 is missing part of the digit ? Or, if I am mis-reading sure looks like a 0

http://www.iptrademarkattorney.com/c...ctory-five.pdf

Don DePontee · #96 (**permalink**) 12-26-2008, 11:32 AM

It's a bad stamp print, if you go all the way to the bottom you will the correct date there.
Don

Dingocooke · #97 (**permalink**) 12-26-2008, 04:30 PM

I think we all suspect that Shelby would put his name to one of Walmarts trolleys if there was a buck or two to be earned; he's endorsed his share of replica cobras in the past (for money).

I think its a sad end for somebody who should be a universally respected racing icon to be pursuing legal action. In his dotage, he should be enjoying the adoration of his fans, and also basking in the massive compliment of all the cobra and daytona clones that should be his crowning epitaph; but what will we most likely remember??

Sad, so very sad, but for Shelby really, as we all know he's not going to get anywhere with this.

Such a shame.

ZOERA-SC7XX · #98 (**permalink**) 12-26-2008, 04:45 PM

If not for the early kit car industry, Shelby would never have had the opportunity to produce and sell the 4000 series cars. Look how he repays the industry. Then he gets in bed with SPF or whoever is willing to pay his ransom. He's made millions on his own kits and now wants more. This greed will ultimately become his REAL legacy.

SP01715 · #99 (**permalink**) 12-26-2008, 04:55 PM

It took a whole seven pages before SPF was brought into the thread. I was waiting for it...

ZOERA-SC7XX · #**100** (**permalink**) 12-26-2008, 05:00 PM

Didn't he sue SPF before they agreed to pay the ransom?