Shelby's latest lawsuit, who's next?

[STCinc]

Originally Posted by ZOERA-SC7XX

Maybe he's gettin' ready to make some 'continuation' Daytonas and doesn't want the competition. He can sell 'em for six figures to some guys who'll call 'em real. Does anyone know how many 'hardtop' manufacturers are out there? This may just be the first volley.

http://www.shelbydistributionusa.com/CSX9000.aspx

[Maricopa]

This place should give the Old Grouch a little fairer treatment than the KooLaid drinkers.

Wow Bruce you sure don't mind trying to sell shi'ite to those loser kool-aid drinkers do you? No wonder you use a different name over there.
BTW, I wonder if 'Ol Shel has seen the pics of the Cobra copies you've made? What makes you any different than FFR other than not being named in the suit?

[Paul F]

While I'm all in favor of protecting Intellectual Property, Trademarks, and the like, I am confused by the data on file at the patent office. While I'm no trademark expert, a search at the trademark office provides the following.


Daytona - a common trademark. Not currently used as a trademark for a car
Shelby Daytona Coupe - an abandoned trademark. Abandoned in 1996. Even when it was in effect; "NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "DAYTONA COUPE" APART FROM THE MARK AS SHOWN" (mark was not shown in filing)
http://tess2.uspto.gov/bin/showfield...ate=j7pasa.8.2

Daytona Coupe - an abandoned trademark
http://tess2.uspto.gov/bin/showfield...te=j7pasa.13.1

Cobra - a common trademark. Not currently used as a trademark for a car. At least I couldn't find it.
http://tess2.uspto.gov/bin/showfield...h=Submit+Query

[Paul F]

'Shelby Cobra' also abandoned as a trademark.

[elmariachi]

Originally Posted by RandyH

If you believe so strongly then you support Hurricane being sued out of existence or anyone doing business with them?

Read my post again, that is not what I wrote. What I wrote was "should have had to pay a royalty or at least been granted consent." ONE or BOTH of those events should have taken place in advance of entering into a business endeavor using what Shelby claims is his property, not after. And both events generally remove forever any need for litigation. The Hurricanes and FFRs and everyone else using his trademarks and designs could have sought consent via licensing from Shelby in advance of any litigation, but chose not to. So, if they get sued, they deserve it. If it puts them out of business, well if they were commercializing off of Shelby's property, then they weren't legitimately in business in the first place then were they?

[VE4MM]

That will a tough one to win for Shelby since he LOST the 1st case against FFR.

As well, the meta tags are a fricking joke.

I hate him more than ever.

MM

[bdeutsch]

In my company/industry vertical, we protect our IP as the most valuable commodity we have (which it really is). Everything an employee creates or patents becomes the property of the larger corportion; it is a condition of employment.

While I have sympathy for FFR and others, I think a case could be made (recognizing that I am not an attorney), that the Daytona Coupe was part of the IP of the original Shelby organization; assuming that the terms of employment followed the standard pattern as mentioned above. I would perhaps not say the same thing about the Cobra, due to where body originated, etc.

Again, this is not a legal opinion, just a reflection of how other industry verticals deal with IP (assuming the Daytona Coupe is considered IP).

[Three Peaks]

Where the rub comes in is that the Old Man didn't protect his intellectual property for a long number of years. In my limited understanding, that creates a condition where the IP becomes a public property and is available for use. Even trademarks are only protected for a certain number or years if not renewed or protected.

If you read the copy of the suit filed, it states clearly that the "Daytona Coupe" are NOT protected or trademarked, but obviously Ole Shel has determined he has a right to their exlcusive rights anyway?
Much of this suit has been settled once already in the first suit and I assume will be dismissed again with this filing without going to the "jury trial" demanded by the Shelby lawyers.

A quick question here-
At the time FFR and many other manufacturers started making their replicas of the Shelby Cobra, was their even an entity in place that they could have applied for permission?
My understanding is that Ole Shel' had pretty much abandoned the Cobra and everything else in that realm and was living in South Africa or somewhere else pursuing other interests?
IMHO, and I believe in the opinion of the legal objectives here, once the brand has been abandoned for a length of time, it is available to whoever wishes to use it without restrictions. That would obviously preclude the need for paying of royalties in this instance, on top of the fact that the royalties Shelby demanded after the fact were ridiculously over estimated.

Bruce, I also find it very disengenous of you to play one side on this forum and have your hand out on the other forum under a different name. A little sour grapes from not being able to sell your warers, bodies, and/or molds to Factory Five?

[vanoochka]

Originally Posted by bdeutsch

In my company/industry vertical, we protect our IP as the most valuable commodity we have (which it really is). Everything an employee creates or patents becomes the property of the larger corportion; it is a condition of employment.

Wouldn't your company's most valuable asset (BTW, IP is not a commodity) be the employees that are doing the creating?

[mr bruce]

Relax Maricopa, the KoolAid drinkers reference was a joke son. As for all the "Cobra" stuff I make, you're rite I ain't named in the lawsuit, so let's all just sitback and let the big boys settle in court.

[bdeutsch]

Point made on the employee question, but at least in our company (and it may be different in others), IP (hard and soft) is treated as a corporate commodity (without trying to get into a discussion of relative difference in terms between industry verticals).

Bottom line, as suggested by Mr. Bruce, the attorneys will be the one fighting this one out me thinks.

[vanoochka]

Ask your attorneys if they treat your IP as a commodity or an asset.

Sorry for the hijack, back to more interesting matters.

[bdeutsch]

I was equating asset to commodity and was thinking about our Legal reviews when thinking that there might be a better way to state...

Funny how things always come down to the attorneys...

[Jamo]

Yes...it is funny. Now let's stay on track, shall we?

[jshel1]

Personally, I would rather see the GR1 concept car be produced by Shelby.

[csx wnab]

does his mean that all the other auto maker can go after all the companies that make up grade parts? of say any company that makes fiberglass replacement parts? where do these lawsuits end? and just don't think that if the old man kicks the bucket that the law suits end, i am sure he has something set up for after he's gone where his family and foundations still make money.

[csx wnab]

it's probably not him that's coming up with all these lawsuits. it's his lawyers that are telling him who to sue. hell ol' shel. is'nt a lawyer so he don't know. he just knows what he's told. ****Moderator Edit****

[elmariachi]

Originally Posted by vanoochka

Wouldn't your company's most valuable asset (BTW, IP is not a commodity) be the employees that are doing the creating?

In my opinion that depends on who owns/runs the company. To some, the assets of a company DO go home at night. To others, we are all just Pokie and Gumbie. But to bdeutsch's point, in the last 20 years companies have finally figured out that everything they ever do is potentially of future value, so everything that can be is trademarked, copyrighted etc. But if in fact Shelby allowed his rights to lapse, as is being suggested, then he may find it hard to assert claims that he owns the Daytona Coupe and any commercially available likeness. Surely the FFR boys would be smart enough to not jump in the murky shark-infested waters twice and have sought legal advice before launching the "Type 65." I guess we'll all see.

[Dave Schwaab]

As I read this latest suit, it seems to be aimed more towards the Daytona Coupe as his intellectual property. I remember his put down of Pete Brock for the original design of the coupe; now he wants to add his name to the SPF Coupe, as updated by the same Pete Brock, as the new CSX9000 series continuation car. Of course, he'll also add a bunch of bucks to the price tag as his profit.

Years ago, he lost interest in Cobras and let his trademarks and patents lapse while he pursued other interests. Now he wants it all back, with interest! To me, he is just a bitter old man. I feel sorry for him. The real damage to his reputation, and his legend, is being done by himself! While I respect what he and the team accomplished 40 years ago, I have lost all respect for him now.

[Don DePontee]

Originally Posted by Three Peaks

Where the rub comes in is that the Old Man didn't protect his intellectual property for a long number of years. In my limited understanding, that creates a condition where the IP becomes a public property and is available for use. Even trademarks are only protected for a certain number or years if not renewed or protected.

If you read the copy of the suit filed, it states clearly that the "Daytona Coupe" are NOT protected or trademarked, but obviously Ole Shel has determined he has a right to their exlcusive rights anyway?
Much of this suit has been settled once already in the first suit and I assume will be dismissed again with this filing without going to the "jury trial" demanded by the Shelby lawyers.

A quick question here-
At the time FFR and many other manufacturers started making their replicas of the Shelby Cobra, was their even an entity in place that they could have applied for permission?
My understanding is that Ole Shel' had pretty much abandoned the Cobra and everything else in that realm and was living in South Africa or somewhere else pursuing other interests?
IMHO, and I believe in the opinion of the legal objectives here, once the brand has been abandoned for a length of time, it is available to whoever wishes to use it without restrictions. That would obviously preclude the need for paying of royalties in this instance, on top of the fact that the royalties Shelby demanded after the fact were ridiculously over estimated.

Bruce, I also find it very disengenous of you to play one side on this forum and have your hand out on the other forum under a different name. A little sour grapes from not being able to sell your warers, bodies, and/or molds to Factory Five?

Three Peaks, Thank you, what you have explained is the core reason why Shelby lost the first time and will loose again this time.
Don