Carroll Shelby gets long overdue slap!

[kitcarman]

At last; there’s a final, final decision concerning Shelby’s ‘rights’ in the Cobra shape.

Basically – he hasn’t got any! This despite his less than transparent, some might say devious, legal attempts at securing such rights.

This is the final Court ruling on the subject:-

http://www.factoryfive.com/table/wha...pealscourt.pdf

Den

[Neil O]

What about badges and the name Cobra?
Am I right to assume nothing has changed on that score?

[runt]

Originally Posted by Neil O

What about badges and the name Cobra?
Am I right to assume nothing has changed on that score?

I think Ford own the name Cobra, talking to a respected replica manufacturer, I gathered that if Ford or AC took exception to a replica wearing their badges, the manufacturer and not the owner would be sued..
Paul.

[dave]

48 eh Den!!

[kitcarman]

Hi Dave,
Is that supposed to read “Bloke” or should it read?

“Broke from Stoke”

Den.

[dingocooke]

Good info Den.
Finally, the courts confirm what common sense already told everyone!
Guess its time the old guy retired gracefully, or earned some corn by endorsing a few more replicas; I wonder if he still approves the replicas he endorsed?
Ive got a Shelby/RAM endorsement certificate if he wants it!!
Steve

[mylesdw]

Most of us have done more Cobra building than Shelby ever did! He added engine, trans and paint to rolling chassis; not exactly difficult. To claim anything else is laughable.

[wilf]

Actually, not totally true - the race car took a lot of development before it was reliable and competitive, and the coil sprung 427 car was not by any means an AC invention.

However, Mr Shelby is known for, um, "embellishing history", and I don't suppose he is different from any other 85 year old in that respect.

The "news" about the court case is old news - this is just a few other US replica manufacturers jumping on the back of the real test, which was the SPF ruling earlier.

SPF and Shelby now very good friends indeed. See where the fibreglass SAI cars are coming from before too much longer, and it won't be HST in Mexico.

A tangled web indeed.

[mylesdw]

Originally Posted by wilf leek

Actually, not totally true - the race car took a lot of development before it was reliable and competitive, and the coil sprung 427 car was not by any means an AC invention.

To quote Derek Hurlock:
"You cannot say the AC Cobra eventually became an American design - it was always virtually the same car based on the AC Ace."

[kitcarman]

Actually Wilf,
This recent case was a product of the Shelby vs Superformance case.

In a nutshell: Shelby lost that case when the judge ruled that Shelby couldn’t stop Superformance manufacturing cars identical in shape to Shelby’s.

Next Shelby gave Superformance a licence to produce (strange - hey?) cars of identical shape to his. Then Shelby went to the appeals court asking the previous judgement to be overturned. Guess what? Superformance didn’t bother to oppose Shelby’s application (can anybody guess why?).

Some might think that Superformance and Shelby had been up to no good. On the other hand, it might have been that Superformance simply forgot to arrange its representation in the Appeals Court.

Either way; Superformance’s new-found friendship with Shelby was hardly going to be good for other manufacturers of Cobra kits – Before this legal result that is.

As it stands. Shelby couldn't stop Superformance. It follows that he can't stop anybody else either. Gutted!

Den