[ncmcn]

From this week's AutoWeek:

(09:01 March 18, 2002)
Shelby still fights for control of Cobra ‘look’ through trademark means

"In the “It ain’t over till it’s over” department comes Carroll Shelby attorney Neil Cummings. He says a recent consent judgment with Cobra replica maker Factory Five Racing of Massachusetts does not prevent Shelby from continuing to pursue trademark rights to the Cobra body style.

Factory Five co-owner David Smith notes the federal court agreement he reached in February with Shelby prevents unauthorized use of the Shelby and Cobra names and logos, but specifically states Shelby gives up any rights to the Cobra look, or “trade dress.” “We wouldn’t have signed that agreement without that in there,” says Smith, who had previously stopped using Shelby logos.

On the contrary, Shelby’s attorney says Shelby’s ongoing effort to obtain a trademark on the body design from the U.S. Trademark Office is a separate issue that isn’t limited by the consent judgment."

[ March 16, 2002: Message edited by: ncmcn ]

 

[Rob]

Jeeesh ... I'm so sick of it.... The guys like jock itch... always itching ya the wrong way and a pain in the A$$ to get rid of!

ROB

 

[Jim Gunther]

This old fool does the same thing every time he loses. Why doesn't he just stick his tail between his legs and up his ...nose.
Read the preliminary finding (turning down the request for injunctive relief) and the agreement and then read CS's press releases after each - He's living in a fantasy world.
Next move he makes ought to be met with an action for abuse of process.

 

[David G]

If he takes it any farther, I say FFR should take HIM to court for violating his Federal court settlement.

Heck, I think just having his attorney make that clam puts him over that line.

Someone needs to attack him with lawsuits and see how he feels.

 

[MCathcart]

As long as he's alive he ain't going to quit. Why, the lawyers that make him think they're his friends. (My opinion of lawyers at this point in my life ain't to Damn good. Since I'm sure we have some here I'll refrain from slammin' them.) Yes, I'm sure there's got to be some out there that are honest but the other 99.9% are just bottom feeders.

"Yes Sir Mr. Shelby, they've stolen your car and we'll make them pay dearly". (And what wasn't said was... You Too Mr. Shelby will pay dearly also, win or loose.

Mike
FFR 2335

 

[David Santi]

Mike, I am a lawyer, and almost resent your remark. I have run into the experiences you have had and have seen all types. I don't care for lawyers in general, but you have to be careful not to stereotype. If the only experience you have had with lawyers is in the family law arena, I agree with 100% as that is the worst place to be, emotionally, and then getting bled. However, some of us are just mild mannered Cobra building fools just like the rest o fthe guys on the forum. I have # 1417, been working on it for a while, a wife a 16 month old daughter and another on the way.

The numbers are greater than .01 %.
See: look some of us are human too.

Dave

 

[barrynGA]

Dave,

Great picture thanks for letting us see it.

barrynGA

 

[Bob Lennon]

Cathcart.

I RESEMBLE THAT INSULT!!

Seriously, I too am a member of the Bar (Maryland and Federal), and concur with my colleague and fellow mild mannered car building fool.

I have remained silent on the "suit". I have also not commented on the consent Order. It is quite a mistake to comment on a document without first reading it. If there someone reading this who is physically close to the courthouse where the file is located, perhaps you could go to the clerks office, request the file, copy the document, scan it and post it to the forum. Then, and only then should we venture an interpretation.

Bob FFR 1182

[ March 17, 2002: Message edited by: Bob Lennon ]

 

[Matt M]

David, you DOG!!! But seriously, that is a good picture of you with your gorgeous little daughter. But for cryin out loud, close your mouth and breathe through your nose or people are beginning to think you are a physician. ouch

Matt

 

[David Santi]

Thanks, all. Actually, Matt her breath (the dog's) more closely resembles a fish market selling week old mackeral.

Dave

 

[MCathcart]

David and Bob,

Come on guys, I didn't Say ALL Lawyers. I know there's some "Good" ones out there but..but... I just haven't met them yet. Come to Atlanta next month!

Mike
FFR 2335

 

[David Santi]

Mike, no offense taken. I know you didn't say all ... although 99.9% leaves little room for us good guys.

If I ever make it to SC, I will look you up and we'll drink a beer together.

Dave

 

[CobraEarl]

It would seem to me that the aggreement between shelby and ffr would still allow shelby to persue other replica builders.

He might lose, but he could still persue.

earl

 

[Bill]

Let's keep this on topic and not bash each other. I have deleted the comments that were becoming a problem.

- Bill