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Posted on Club Cobra:

SAI, FORD vs SUPERFORMANCE....SUIT DISMISSED!
Attention Mr. and Mrs. America and all the ships at sea....NEWS FLASH!

In the matter of....
CARROLL SHELBY LICENSING, INC., SHELBY AMERICAN, INC. and FORD MOTOR COMPANY
vs
SUPERFORMANCE INT'L, INC.
d/b/a SUPERFORMANCE COMPLETE REPLICARS

CSL, Inc., SAI, & FMC......suit dismissed!

Here's the news release from Bloomberg Finanicial.... bold type is mine. Some items were not included in this rulling, so there may still be some outstanding issues in court, but this ruling is good news for all replica manufacturers.

Ford, Shelby Claim Against Replica Maker Dismissed (Update1) > 2002-08-22 20:15 (New York)

Ford, Shelby Claim Against Replica Maker Dismissed (Update1)

(Adds Superformance based in Newport News, Virginia in
seventh paragraph.)

Boston, Aug. 22 (Bloomberg) -- Ford Motor Co. and race-car
designer Carroll Shelby's vintage 1960s Cobra sports car doesn't
have a distinctive enough shape to stop a supplier from selling
kits to make replicas of it, a federal judge in Boston ruled.
Ford and Shelby's company, Las Vegas-based Shelby American
Inc., sued Superformance International Inc. in December 2000,
saying the supplier of sports car kits was illegally using the
design of Cobra cars built by Shelby in the 1960s.
U.S. District Court Judge Rya Zobel dismissed Ford and
Shelby's counterfeiting claims, saying that Shelby couldn't
establish the Cobra shape was distinctive enough to merit
protection. The judge didn't dismiss claims related to other Cobra
trademarks.
Shelby failed to "present any evidence that consumers
associate the Cobra design with Shelby, and Shelby alone,'' the
judge wrote in a ruling released yesterday.
Zobel also found that jurors couldn't reasonably find for
Ford on its counterfeiting claims because Superformance, which
does business as Superformance Complete Replicars, used the Cobra
mark on products not covered by Ford's registration. In February, Zobel
ruled Wareham, Massachusetts-based Factory Five Racing Inc. couldn't sell
replicas of Shelby cars.
Kathleen Vokes, a spokeswoman at Dearborn, Michigan-based
Ford didn't have an immediate comment on the ruling. Officials at
Shelby American and Superformance, which is based in Newport News,
Virginia, didn't immediately return calls seeking comment.
Shares of Ford rose 22 cents to $12.17 in New York Stock
Exchange composite trading.
 

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Originally posted by mikiec:
In February, Zobel
ruled Wareham, Massachusetts-based Factory Five Racing Inc. couldn't sell
replicas of Shelby cars.
Huh? The judge just said the cars can't be deemed the design of Shelby. Plus the ruling in the FFR case said they can't use the Cobra name. Am I missing something here? :confused:
 

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don't sweat it. It's either an editorial error or they read a Shelby press release :rolleyes:
Be well,
 

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Interestingly, this month's issue of GQ has a two-page article on Shelby and he's quoted as saying that he'll make all the replica manufacturers pay... slightly old quote...

Nothing much else of note in the article.

Tim TT
 
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