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12-28-2008, 02:47 PM
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CC Member
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Join Date: Feb 2002
Location: Winnipeg, MB,
MB
Cobra Make, Engine: FFR Cobra Serial #1425, 2007 SHELBY MUSTANG GT500, 2000 Cobra R #15
Posts: 77
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Not Ranked
Quote:
Originally Posted by elmariachi
You can bet CS got what he wanted out of the deal. But had FFR resolved #1 in a similar manner, where a go-forward license was agreed to, then there would be no 2nd lawsuit. Even if FFR prevails, they once again have to spend $1mil + to defend themselves. So if you are building cars in this space, do you wait to get snakebit or do you go look up the old man and make a deal?
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You are missing the point.
According to FFR, from their 1st lawsuit they won, they were allowed to use the 65 Coupe design.
Screw Shelby, he missed the boat many years ago when he f*cked-off to Africa to find another money making scheme.
Tough Luck Shelby.............can't win em all you greed monger.
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12-28-2008, 02:51 PM
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CC Member
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Join Date: Jul 2008
Location: Driftwood,
TX
Cobra Make, Engine: Contemporary Cobra, 427 side oiler
Posts: 1,850
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Not Ranked
Quote:
Originally Posted by VE4MM
According to FFR, from their 1st lawsuit they won, they were allowed to use the 65 Coupe design.
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If it was that clear-cut, there would be no lawsuit. You are missing the point...I am not taking Shelby's side. EVEN IF HE HAS NO CLAIM, he is still spending money dragging companies to court, and that costs HUGE money to defend. Do you wait on him to attack, or do you take pre-emptive measures?
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12-28-2008, 03:09 PM
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CC Member
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Join Date: May 2001
Posts: 1,330
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Not Ranked
I don't think anyone is missing your point. If he has no claim, how do we know whether any company didn't do the due diligence of looking to see whether CS had said rights, approaching CS for license, finding he had no rights in question, and moving forward? Has ANY cobra replica manufacturer done so and failed? It seems as though precedence has been set.
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12-28-2008, 03:15 PM
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CC Member
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Join Date: Jul 2008
Location: Driftwood,
TX
Cobra Make, Engine: Contemporary Cobra, 427 side oiler
Posts: 1,850
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Not Ranked
Quote:
Originally Posted by TButtrick
I don't think anyone is missing your point. If he has no claim, how do we know whether any company didn't do the due diligence of looking to see whether CS had said rights, approaching CS for license, finding he had no rights in question, and moving forward? Has ANY cobra replica manufacturer done so and failed? It seems as though precedence has been set.
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Correct, we don't know who has and who hasn't, generally speaking other than whether they state on their websites and printed materials that they are licensed by CS. But it appears that CS sees the settlement with FFR as being a separate matter with respect to the Daytona Coupe. Or at least he thinks his more recent US Trademark on the Daytona trade dress gives him the ability to assert a new claim.
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12-28-2008, 04:33 PM
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CC Member
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Join Date: Apr 1999
Location: cleveland,
OH
Cobra Make, Engine: CSX4000, 427
Posts: 1,999
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Not Ranked
Quote:
Originally Posted by elmariachi
If it was that clear-cut, there would be no lawsuit. You are missing the point...I am not taking Shelby's side. EVEN IF HE HAS NO CLAIM, he is still spending money dragging companies to court, and that costs HUGE money to defend.
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That's the point. Who gets that huge money? The lawyers.
Nothing in the US court of Law is clear cut. If it was, then there would be no reason to spend more money.
__________________
"After jumping into an early lead, Miles pitted for no reason. He let the entire field go by before re-entering the race. The crowd was jumping up and down as he stunned the Chevrolet drivers by easily passing the entire field to finish second behind MacDonald's other team Cobra. The Corvette people were completely demoralized."
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12-28-2008, 04:35 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 elmariachi
If it was that clear-cut, there would be no lawsuit.
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Just arrive here on the planet? 
Interesting.
From B and B's web....
<meta name="Description" content="Kit, Turn Key and Turn Key minus 66 Cobra Roadster and 34 3-window Coupe Manufacturer">
<meta name="KeyWords" content="kit car, ac cobra, 66 cobra, roadster, 289 cobra, 427 roadster, 34 coupe, 3-window, hot rod, ford hot rod, hotrod, ford, ford roadster, shelby"
From Shell Valley's web...
<meta name="keywords" content="Cobra, shelby cobra, cobra kit cars, Replica / Kit Cars,kit car manufacturers, Mid States, midstates, mid states classics, classics, hot rods, hot rod's, fiberglass kits, ac cobra, classic cars, shell valley, 427 Cobra 427, 427 S/C, replicas, Shelby, side-oiler, side oiler, kevlar, ford replicas, ford replica's, jeeps, cj's, cj, cjs, wrangler, fiberglass jeeps, 4x4, 4 x 4, jeep parts, willy's, scrambler, off road, kevlar bodies, Shell Valley Companies, motors, fiberglass replacement parts, cobra replacement parts, fiberglass accessories, columbus nebraska, cobra parts, cobra, cobra kits, car kits, car kit, sports kit, hot rod, street rod, rod, show car, do it yourself, do-it-yourself, fast car, fast cars, american cars, ford cobra, ford cars, fast ford, fast ford cars, fast automobiles, cobra replica kit, replica kits, cobra parts, cobra accessories, manual assembly, kevlar body, bodies, snake, platte, platte county, shelby, shelby cobra, cobra shelby, classic auto, classic car, classic cars, classic automobiles, automotive parts, street machines, sports cars, muscle, hot cars, kits, fenders, body tubs, cobra windsheilds, hoods, dashes, dash, half doors, tailgates, colors, jeep cj, jeep wrangler, mb, 4x4, jeep 4x4, 4 by 4, off road, speed racing, car racing, off road racing, willy's, soft top, hard top">
Not to over-simplify things but this is the way I see it..
-CS once endorsed the replica manufacturing industry.
-He observed the growing industry $$s (specifically from FFR) and is now trying to cash in.
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12-28-2008, 04:46 PM
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CC Member
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Join Date: Jul 2008
Location: Driftwood,
TX
Cobra Make, Engine: Contemporary Cobra, 427 side oiler
Posts: 1,850
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Not Ranked
Quote:
Originally Posted by TButtrick
Not to over-simplify things but this is the way I see it..
-CS once endorsed the replica manufacturing industry.
-He observed the growing industry $$s (specifically from FFR) and is now trying to cash in.
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Yes. And whether he's right or wrong and regardless of the prior FFR litigation/settlement.
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12-28-2008, 04:54 PM
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CC Member
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Join Date: May 2001
Posts: 1,330
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Not Ranked
I'm no lawyer but I'll remain hopeful that our legal system will allow FFR recourse to recoup any litigation cost they incur if they win the case. As for any replica manufacturer, this nonsense only takes from R&D funds that could be used to bring us more cool stuff.
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12-28-2008, 05:27 PM
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CC Member
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Join Date: Jan 2007
Location: Round Rock,
TX
Cobra Make, Engine: Hurricane HM1015
Posts: 293
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Not Ranked
Wow, I was gone for 3 days and over 140 posts. Back in August I got a private tour of Shelby America in Las Vegas. The tour guide, when asked about all the cobra replicas companies, stated something to the effect that "Carroll approached all of these companies to give his blessing. In return he asked them for donations to his charity. Some gave, others did not. Those, that did not, suffered the waith of Shelby's attorney."
I do not know which companies were involved, if any, but Unique comes to mind as getting served with copyright or TM infringements.
This may all be rumors but this what the guy told me.
May you all have a blessed New Year.
KW
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12-28-2008, 05:40 PM
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Senior Club Cobra Member
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Join Date: Jun 2007
Location: Covington,
wa
Cobra Make, Engine: Superformance # 532, 466 BB, 560HP
Posts: 3,027
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Not Ranked
Quote:
Originally Posted by KSW64
Wow, I was gone for 3 days and over 140 posts. Back in August I got a private tour of Shelby America in Las Vegas. The tour guide, when asked about all the cobra replicas companies, stated something to the effect that "Carroll approached all of these companies to give his blessing. In return he asked them for donations to his charity. Some gave, others did not. Those, that did not, suffered the waith of Shelby's attorney."
I do not know which companies were involved, if any, but Unique comes to mind as getting served with copyright or TM infringements.
This may all be rumors but this what the guy told me.
May you all have a blessed New Year.
KW
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That sure sounds like extortion to me.
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12-28-2008, 06:10 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
Quote:
Originally Posted by ronwin
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Ron, I read through that link, thanks for sharing. Apart from some picking of nits with who was / wasn't a party to appeal of what / whether I don't see what the point of it was as it relates to this matter. You're nuts to even be posting about this and I can't believe you stand anything to gain but questions about things you obviously don't / can't talk about. Or, feel free to share...
"As far as our contractual arrangement with the Shelby organization is concerned, as a private (Inc) company it is nobody's business but our own why we enter into strategic alliances with any company. We use our own resources, not those of other shareholders."
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12-28-2008, 06:19 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
Quote:
Originally Posted by elmariachi
I'll stand by my prior comments that it might be better to deal with CS up front via royalty or consent than wait for him to come calling. SPF seems far better off for having forged an alliance with CS than fighting him. Just my opinion.
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Some people advocate the same thought process with Hamas, Chavez, Iran, Castro, Ohio State Buckeyes, etc.
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12-28-2008, 06:27 PM
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CC Member
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Join Date: Jul 2008
Location: Driftwood,
TX
Cobra Make, Engine: Contemporary Cobra, 427 side oiler
Posts: 1,850
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Not Ranked
Quote:
Originally Posted by jmimac351
Apart from some picking of nits with who was / wasn't a party to appeal of what / whether I don't see what the point of it was as it relates to this matter.
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The SPF arrangement demonstrates that Shelby is not out to "crush" replica manufacturers or drive them out of business. It suggests that he wants to be paid a royalty for what he thinks is his. The SPF settlement also sets a post-FFR lawsuit precedent that could play a factor in the settlement of the present lawsuit.
Quote:
Originally Posted by jmimac351
Some people advocate the same thought process with Hamas, Chavez, Iran, Castro, Ohio State Buckeyes, etc.
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Business is a bit different than global politics. An argument can be made that FFR's money would be better spent on an alliance with Shelby for the Daytona than wasting it on a lawsuit. Clearly most FFR owners see that as a deal with the devil. CS has clearly set a precedent that he has a boner for certain replica makers with a penchant for suing. You can go hide in the corner and hope he doesn't find you, or wait for him to show up. At least Chavez is content staying home. For now.
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12-28-2008, 06:28 PM
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CC Member
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Join Date: Dec 2006
Cobra Make, Engine: CSX 4000; Shelby aluminum FE with 58mm IDAs
Posts: 1,116
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Not Ranked
Quote:
Originally Posted by VE4MM
You are missing the point.
According to FFR, from their 1st lawsuit they won, they were allowed to use the 65 Coupe design.
Screw Shelby, he missed the boat many years ago when he f*cked-off to Africa to find another money making scheme.
Tough Luck Shelby.............can't win em all you greed monger.
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If you've got such a beef with CS, why do you own a Cobra replica and a new Shelby Mustang? 
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12-28-2008, 06:37 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
So CS is cool with the "harm to his brand" if you pay for the right to continue that "harm"? Sorta makes you wonder whether he really thinks his "brand" has been harmed at all. Maybe the SPF deal Shelby made will actually help FFR. Oh the humanity!
Last edited by jmimac351; 12-28-2008 at 06:43 PM..
Reason: ""
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12-28-2008, 06:47 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
Quote:
Originally Posted by Stentor
If you've got such a beef with CS, why do you own a Cobra replica and a new Shelby Mustang? |
Stentor, do you own anything made in China? Do you like Commies? This is silly talk.
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12-28-2008, 06:53 PM
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CC Member
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Join Date: Apr 2008
Location: Tipp City,
OH
Cobra Make, Engine: FFR1115
Posts: 20
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Not Ranked
Quote:
Originally Posted by jmimac351
Some people advocate the same thought process with Hamas, Chavez, Iran, Castro, Ohio State Buckeyes, etc.
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I was with you until you took a cheap shot on our beloved Bucks 
O-H-I-O
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12-28-2008, 07:14 PM
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CC Member
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Join Date: Jul 2008
Location: Driftwood,
TX
Cobra Make, Engine: Contemporary Cobra, 427 side oiler
Posts: 1,850
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Not Ranked
Quote:
Originally Posted by jmimac351
Stentor, do you own anything made in China? Do you like Commies? This is silly talk.
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I thought it was a fair question. Can you established forum members not debate and discuss a subject without attacking other posters personally?
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12-28-2008, 07:28 PM
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CC Member
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Join Date: Feb 2002
Location: Winnipeg, MB,
MB
Cobra Make, Engine: FFR Cobra Serial #1425, 2007 SHELBY MUSTANG GT500, 2000 Cobra R #15
Posts: 77
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Not Ranked
Quote:
Originally Posted by Stentor
If you've got such a beef with CS, why do you own a Cobra replica and a new Shelby Mustang? |
Got my cars before he turned into an a-hole.
Pretty Simple.
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12-28-2008, 07:46 PM
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CC Member
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Join Date: Jul 2008
Location: Driftwood,
TX
Cobra Make, Engine: Contemporary Cobra, 427 side oiler
Posts: 1,850
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Not Ranked
Quote:
Originally Posted by VE4MM
Got my cars before he turned into an a-hole.
Pretty Simple.
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What date was that? I may need to trade mine in for an older model.
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