I'm chocking on Irony!

Lawyering - it's confusing. Not being schooled in legal jargon, the differences between right and wrong seem blurry to me. So, if the trade dress argument (shape of the car) fails in court - I could say build my own chassis and mount an identical body of say a 69 Corvette on it, call it a C3 roadster (with no logos) - and sell 20 thousand copies without fear of suit from GM/Chevrolet? Really? If I was Pepsi - I could package my soda in twisty curvy bottles identical to the old Coke bottles, and just have a different logo on them - and that would be ok? Really?

Honestly, it just doesn't add up to me. I can think of no other industry where you can directly copy a unique product (or product shape) and sell it without fear. Now you can name several products and industries that have taken "ideas" from their originator (i.e. windows vs. mac) - but not a direct copy.

Apparently it's legal - but is it right? If a company took a Barbie doll, and made an exact copy using the original molds, and then sold it at stores at half the price, but called it Bonnie - is that right? For Scott - if somebody took your original plans (how they got them I don not know) and put up an identical building across the street from yours - at half the price - that would be OK?

I realize that CS has lost in the past and will probably loose again - I just don't understand why he'll loose.
Could it be the USPTO that CS is now after? Is that the legal mistake that he made? Had he obtained that many years ago would we still have these debates? As for the vehicle name - COBRA - I'm pretty sure Ford does own that one.

BTW - just in case you're wondering - I'm not taking CS's side. I'm just trying to figure out what's legal to copy. I like this thread.
 
Personally, I don't have an issue with him going after replicas. I fully agree it is the most copied car in history, and I could never afford the "real deal" or if I could I don't think I could drive it. My opinion, he should be paid for the copy. We all want what he created, I think he should get compensation for that.
 
But remember this is not Shelby's body design. AC designed it and allowed him to use it.

He really assembled the first kit, so to speak.
 
As a programmer, here's my .02

What astounds me iss the fact that they are complaining that the metatags in the code behind pages say "Cobra" or "427". If you right click on an internet page and select the "View Source" option you'll see the HTML code that renders the page. As I understand their complaint, CS is trying to insinuate that since the program in the background has references to the certain tags names of "Shelby", "427", or the other that this is rights infringement. The guy who coded the software used a variable or class name that was represnative of what they were coding for. In this case a replica cobra. So because the programmer used a certain name in his code and they clearly state that the names are not displayed to the user, that the FFR is infringing on their rights. That is total BS. I could call a variable Bob and now some guy named Bob get his knickers all knotted up. Unbelievable! I agree with Scott that CS is near the end, so I truely wonder if it is him or his estate trying to scrouge every penny they can. Either way its aweful. They guy has recieved his millions for what he did. He should be flattered that someone wants to keep the legend alive.
 
I agree as well. Remove the personalities, the legalities, the moral certitudes, and the technical double talk - what's left? The MONEY. Follow the money. That is what this is about. That is the true shame of it all.
 
I wonder?

I am very curious if this is the "true Carroll Shelby" or is the the entourage around him, trying to make their empire bigger.

I have met and dealt with the lady who lays claim to the No. 2 position. If you understand the term "New York Lawyer" (sorry, David), you might begin to get the drift.

I believe most people are basically good, it's when you begin to combine thoughts and theories that it gets carried away. I wonder if this is Carroll or is it "Enterprises"?

Dan points out how absurd the lawsuit is. If "cobra" isn't public domain, look out Kleenex, Zerox, Coke . . .

Paul
 
Shelby all but abandoned the Cobra in all forms back in the late 60's. He sold off what was left of the race cars and parts dirt cheap and didn't care if his old employee's copied it (Butler, etc.). Only when it became noticed again as larger builders began to crank out significant quantities did Shelby American speak up, start trying to sell "continuation" cars and raise hell about it. If not for the replica industry there would only be big buck originals in museums and at vintage races and the legacy that lives on today on the streets would be lost. That would be a shame.
 
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