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Kirkham Motorsports

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  #1 (permalink)  
Old 01-21-2009, 07:33 AM
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Default 'Ol Carroll seeing red again

Looks like Carroll Shelby is posturing his own "bail-out". What a man won't do to raise blood pressure.

http://www.iptrademarkattorney.com/c...ctory-five.pdf
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It's only funny until someone gets hurt.
Then it's friggin hilarious!
  #2 (permalink)  
Old 01-21-2009, 08:51 AM
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damn chicken farmer........i think i'll develop a product ignore it for 20 years, then sue anyone that seems to like it, seems like wholesome branding to me.

fred
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Old 01-21-2009, 08:53 AM
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Here's a related link:
http://www.ffcobra.com/forums/showthread.php?t=206492
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Old 01-21-2009, 09:33 AM
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Very sad in my book, motivated by pure greed. Truly, a pathetic way to tarnish the so-called "Legend".
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Old 01-21-2009, 09:40 AM
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There is an old latin term for people like him. Realizing that latin is an unspoken, dead language, it may be difficult, but I think that most of you will be able to figure it out.

..."Arse holius"
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  #6 (permalink)  
Old 01-21-2009, 11:32 AM
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I am fairly new here and I have to say, I still dont get it. Its his, he invented it. As with any product duplication needs permissions. I have to think that everyone who got into the cloning business knew that going into it.
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Old 01-21-2009, 11:56 AM
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I don't think he needs the money. Sometimes I get the feeling he does it for sport, or being vindictive. Us old people can get pretty grumpy at times, and he's got 28 years on me.....i2f
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Old 01-21-2009, 01:34 PM
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WOW, in a round about way, going after the London Cobra Show raffle car, which is mentioned in the suit. Who's going to buy tickets for it now, he HAD to know it was going to hurt their ticket sales and/or contributions to Cystic Fibrosis. Not only does he want more money he now wants to deprive charities from getting their's. He's become what he created "a real snake" because he couldn't get much lower.
I feel sorry for him, its sad.
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Last edited by Trueoo7; 01-21-2009 at 01:36 PM..
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Old 01-21-2009, 01:43 PM
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Quote:
Originally Posted by CBattaglia View Post
I am fairly new here and I have to say, I still dont get it. Its his, he invented it. As with any product duplication needs permissions. I have to think that everyone who got into the cloning business knew that going into it.
The with FFR the issue is "trade dress" or in plane language, the body shape of the Daytona Coupe. Unfortunately he expressly abandoned any claim to the coupe years ago. The suite against the FFcobra forum is even more confusing. Why sue your fan base for emulating your lifes work?

Interestingly too, although he claims "confusingly similar" body shapes he is not too confused to sign (for a fee) the dashboards of replica cobra's. Can you say hipocrite.

BTW if the suite is sucessful against FFCobra is clubcobra far behind?

Andrew
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Old 01-21-2009, 03:20 PM
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I sure am glad I got his autograph before this shiest hit the fan!
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Old 01-21-2009, 05:02 PM
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The irony for me is that a couple years ago when Shelby was tormenting SAAC, I expressed my bewilderment as to why there was so much vitriol being directed at Shelby in light of his tremendous accomplishments. Geez, the guy walks on water, give him a break. This last POS lawsuit gives me clarity and I'm really saddened by it because of all the harm he seeks to inflict in any way possible. He's not going to win and he knows it, but lawsuits cost money to defend against and if you can hurt the other guy in the wallet, maybe the legal expenses will cause them to shut down, which works just as well for him, and he knows that too. Somehow, even though it hasn't beeen spoken of much, there is something perverse about the Shelby - Superformance relationship and the latest lawsuit. It has been suggested in some circles that Superformance made this snowball and handed it off to Shelby.
Whether there is even a grain of truth in that or they are just an innocent bystander, Superformance would stand to benefit from this action if they were suddenly the only source for Daytona Coupes as would Shelby from the extortion payments Superformance agreed to pay him on every unit sold. It may just be cosmic coincidence but the suit was filed right after the SEMA show where Factory Five had its World Land Speed Record Holder Daytona Coupe on display. The FFR booth was packed every day of the show, SPF's was not. Did someone decide to send in the kneecappers to take care of the competition? That's just a question at this point but there sure is strong smell of fish about. Maybe it will come out at trial, or not. In the meantime Shelby marches along dragging his name through the mud with his stupid actions and diminshing himself and his accomplishements in the process. What a pathetic tool.
Frank
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Old 01-21-2009, 05:48 PM
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Hang on guys! He will probably come after this site next. Notice anything at the top left of this site? Just the things he is after ffcobra.com for.
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Old 01-21-2009, 08:15 PM
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Me thinks its time to revamp the mast head and clean up some items here just to save Brent more problems...It seems it's also time to black list any ads from any group or company affilitated with CS, bar them from advertising, actually just refuse to accept their ads, maybe its time to boycott any licensed product and remove any CS emblems from cars if its a replica. Does CS want "real" snakes regulated to their own shows, particularly those continuation ones and not allowed into the poor man's car show?
All this mess is going to hurt guys like FFR and websites and probably some poor individuals who put up things on their own sites. It won't end even if CS loses this round but it could sure hurt FFR and a few others.
It would be kinda odd for him to take this site to court seeing as he has advertised here and paid for it, for a long time. Think a judge would see that as discrimination or weird; while he sues one site and not another (particularly when he finacially supports one of them directly or indirectly via superformance and ads for CS motors)?
I don't want to see a split in the community but it seems someone is sure trying to make one to protect something that has been in the public domain for along time. I would love to see CS lose this round and be forced to pay all legal fees for the parties he sues. That would be poetic justice. My opinion of the man has hit an all time low, right down there with all those chickens....
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Last edited by fastraxsg; 01-21-2009 at 08:26 PM.. Reason: ussual spellin' errrrors
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Old 01-21-2009, 08:37 PM
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His "charity" bank accounts in the Caymans must be running low.
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Old 01-22-2009, 06:22 AM
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It's truely a crying shame that an American Icon is acting like those fat cat CEO's. His age must be catching up with him and his mental capicity is growing a bid dim when he thinks he is getting to be god like, and can control some of the best minds, and business folks on the planet.
What about all those folks that build replicas of every other kind of car from the past...are they getting sued by an old man and his Trust?
I feel it's about time for him to just fade away quietly and let the world enjoy what he accomplished and flatter him in a positive way. Maybe he can just go to Vegas and sit on his throne and look at all the knuckleheads buying his glittered-up and over-priced Mustangs. He must be such a happy man.

Bill
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Old 01-22-2009, 07:58 AM
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Quote:
Originally Posted by Seagull81 View Post
Hang on guys! He will probably come after this site next.
We certainly don't plan on that.

Let me post a statement that I have made on the other thread about this topic:

With respect to the ffcobra legal issue vs. this site, the situation is really quite different...and I will leave it at that.

We run an independent enthusiasts' site with no manufacturer's affiliation, with proper attribution of copyright and trademark across the board.

That being said, let me add some caution.

Certainly, the legal action is news within our hobby and worthy of topics on this and other forums. However, on THIS forum, we would ask that all refrain from posts that are out of the scope of discussion of the facts relating to the legal action and the parties involved, i.e, FFR and others named, and CSLI.

We support Bill P. in his efforts to resolve the issue that affect his forum.

We do not want to see personal insults slung at CS or anyone else, for that matter. Besides that as a courtesy, you will do no good by creating a stick-in-the-eye post toward them on OUR forum, ClubCobra.

We don't want that and we don't need that.

Thanks
ron
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Last edited by computerworks; 01-22-2009 at 08:17 AM..
  #17 (permalink)  
Old 01-22-2009, 08:17 AM
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Considering these suits seem to come up on a fairly regular but always occasional basis, there seems to be a point that some have missed.

Regardless of the age of CS, CS enterprises is NOT CS in the fact that it is a living, breathing corporation separate of the man. This corporation is quite capable of surviving the old man and continuing on this path for as long as enthusiasts financially support their products.
This of course means that these lawsuits can/will continue as long as CSE is in business and protecting "their provenance" as they see it.

Sooner or later it will be up to the enthusiasts to register in and be counted on one side or the other in a more substantive way than simply belly aching on a forum or the entire hobby can and will be hurt by these continual jabs by CSE. FFcobra and Factory Five surely won't be the last participants harassed by these lawsuits.

So, what's to be done? Boycott Shelby? Mass mailings to CSE? Sooner or later everyone in the hobby will be so encumbered by this litigation that it will be nearly impossible to continue, IMHO.

Bob
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Old 01-22-2009, 10:54 AM
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Quote:
Originally Posted by computerworks View Post
We certainly don't plan on that.

Let me post a statement that I have made on the other thread about this topic:

With respect to the ffcobra legal issue vs. this site, the situation is really quite different...and I will leave it at that.

We run an independent enthusiasts' site with no manufacturer's affiliation, with proper attribution of copyright and trademark across the board.

Thanks
ron
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I needed to clear something up on this public forum. Ron may not know the facts, so I want to be sure everyone knows the deal.

1.) FFCobra.com is an independent site with no affiliation to any manufacturer, including FFR. They did not start the site, I did. They have NO SAY over what gets said or done on my site.

FFR has been paying ClubCobra.com for ads much longer than they have paid me. They only started paying for an ad in 2005 and stopped in 2008.

2.) Ron says that ClubCobra.com uses "proper attribution of copyright and trademark across the board" but forgot to say that so does FFCobra.com. ClubCobra.com adopted my copyright and trademark notice at the bottom of every page. We use the same "notice".

If you use the Wayback web site you can see both sites in July 2002. My site has the same notice at the bottom of the page as I do today. Notice that ClubCobra.com did not not use this "notice" before FFCobra.com. Someone from ClubCobra.com copied my trademark notice at a later time.

http://web.archive.org Now go to July of 2002 and look at both sites.

http://web.archive.org/web/200207262...clubcobra.com/

http://web.archive.org/web/200207172...w.ffcobra.com/

Thank you,

- Bill

Last edited by FFCobra.com; 01-22-2009 at 10:57 AM..
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Old 01-22-2009, 11:18 AM
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Getting personal ("mental capacity") is exactly what we won't be talking about in connection with such litigation situations.
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