Shelby suing Factory Five

[arrowdriver]

I recently read about CS suing FF. Anyone know much about this and will it affect Unique? It seems the world has too many lawyers.

[Bill D]

I recently read about CS suing FF. Anyone know much about this and will it affect Unique? It seems the world has too many lawyers.

Yes, Carroll Shelby and his organization are suing Factory Five for trade dress infringement (shape of the Daytona Coupe). Hopefully, he will lose like he did before when he tried duing them on their Cobra replica. The outcome of the first suit was Factory Five could not use "Cobra" or "427 SC".

The Daytona body shape has been in the public domain for years. Now he is trying to copyright the trade dress. It's unlikely he will succeed.

[arrowdriver]

One does have to wonder what he hopes to gain at his age. It seems to me that all he will accomplish, other than lining the pockets of some lawyers, is to taint his own legacy. What a shame.

[Bill D]

CS hates replicas. He feels they dilute the value of his cars. He continues to sue them in hopes that the constant litigation costs will force them out of business

[arrowdriver]

Could be Bill but this is not rational since it is the presence of the replicas that keeps knowledge of his creations in the general public. Without them, few would know about the few 427 S/C's that he built as no one would ever see one. How does that old saying go? "Imitation is the sincerest form of flattery"

[Bill D]

He tried to sue FFR for trade dress (shape of the Cobra body) and lost because so many replica companies have been selling kits. He allowed the trade dress to fall into the public domain. Even the final court decree said he (CS) could not sue FFR for the shape of the Roadster or Type 65 Coupe. However, he is doing just that. He has millions at his disposal and will continue his fight regardless of the outcome.

Like I said before, constant litigation may force the replica manufacturers to close shop because of legal costs. Ferarri has been very successful at this.

I might add - IF CS is successful, he will turn his attention to other manufacturers. He would have a precedent that could be used against other kit car makers.

HE MUST FAIL!!

[pgermond]

It seems the world has too many lawyers.

Yep. And sooner or later they all want to be President!

[scott h]

sounds like CS is turning into even a bigger A-hole.

As far as him suing this forum, let him go ahead and waste his money. Nothing says we have to fight him, just go ahead and agree to his request.. What can he do anyway, he can't personally sue a group of folks who happen to be interacting on the web at the same time. If he winds up owning this site we can just start another one.

[Bill D]

sounds like CS is turning into even a bigger A-hole.

As far as him suing this forum, let him go ahead and waste his money. Nothing says we have to fight him, just go ahead and agree to his request.. What can he do anyway, he can't personally sue a group of folks who happen to be interacting on the web at the same time. If he winds up owning this site we can just start another one.

He could force the owner to shut it down via court order.

[ralphscott]

Arrowdriver you are right on if it were not for the replicars it is highly unlikely that the original Cobras would be valued as high as they are. A lot of them would have not been rebodied and basically oxidied to death. Several years ago I went to the Nashville Shelby group get together heard the replicar crap and told them that their cars would not be so venerated if it was not for the replicar industry that keeps the car in the public's eye. Obviously you can imagine the reaction I got..for people with money I can't believe that that have such poor understanding of marketing.

Ralph

[JeepSnake]

About replicas keeping the values up. Few people know who you're talking about when you mention the name "Allard," and the prices of his cars reflect that. While anything "Shelby" gets whipped into a frenzy at Barrett Jackson, an Allard hill-climb racer went for a song the other night. Technically speaking (IMHO), it was a much, much more intriquing vehicle than any Cobra will ever be (air cooled V-8, midget racer style, dual rear tires, and on and on), but the hype just wasn't there from a contingent of enthusiasts.

As far as diluting the "Cobra" name, Ford has done a good job of that themselves. 99.9999% of the people on the street think "COBRA = MUSTANG." Older folks think it's a 428 or 429 Cobra Jet type Mustang, younger kids (well, around 40 and under) think it's a 5.0L or 4.6 Modular Mustang. (This is actually what Ford WANTED to do, as they are in the business of mass-marketing Mustangs, not specialty two-seaters.)

Of course, the other 0.0001% know what we really mean when we say Cobra. They're also the ones that "owned four of the REAL ones, with the P-51 hemi-headed 439 Super Dutijet that Shelby put in 'em. Picked it up when they wasn't worth a dang thing, and you could buy 'em for less than a $50 surplus army jeep in a crate still in the cosmoline." ;)

[Slither]

"[T]he REAL ones, with the P-51 hemi-headed 439 Super Dutijet that Shelby put in 'em... they wasn't worth a dang thing, and you could buy 'em for less than a $50 surplus army jeep in a crate still in the cosmoline." ;)

Ok Zach, you talked me into it... I'll take a dozen;).