Is Old Man Shelby a greedy jerk?

birdman941 · 22-01-2009, 12:16 AM

He is suing Factory Five (www.factoryfive.com) and their support website
www.ffcobra.com for what, who knows?
Factory Five makes replica kits that a regular person can make
a replica out of a 5.0 Mustang or GT or Mach 1 that was wrecked.
Link here.
http://www.ffcobra.com/forums/showthread.php?t=206492
It's sad that people can be so greedy.

**Burnout** · 22-01-2009, 09:46 AM

Seems to be alleging a trademark infringement of some sort.

It may be the court will have to sort it out.

**aussiblue** · 22-01-2009, 02:45 PM

Quote:

He is suing Factory Five (www.factoryfive.com) and their support website
www.ffcobra.com for what, who knows

Seems very clear (see http://www.iptrademarkattorney.com/c...ctory-five.pdf) it about the unauthorised use of registered names including Cobra, Daytona Coupe and Shelby. The interesting bit is that in many (but not all) cases these appear in the metatags rather than in the posted content on the web pages. It is argued that search engines will find the metatag content and that someone looking for a legitimate Cobra or Shelby item will be directed to these pages. If what is in the complaint document is accurate it sounds like Shelby has a good case; the replica makers should have known they cannot use these registered names without permission.

birdman941 · 22-01-2009, 02:52 PM

So they are suing over html?
That's just stupid.
Factory Five is very cautious NOT to use the Cobra name.
Ford Racing actiually sells parts specifically for the kit cars.
Cobra actually belongs to Ford.
They are suing over the shape of the Daytona Coupe.
The rest is just pizzle.
Shelby = Greedy old man.
Shame on him.

**aussiblue** · 22-01-2009, 03:01 PM

Bit more than jyst metatags. According to the complaint (point 31) The FF website also says LK Motorsport has been building "hand built Cobra's for over a decade" and that it has won races in "LK Motorsport built Cobras" and perhaps most most dangerously the "MK3 Roadster continues the legacy of the original Shelby Cobras". The link (see point 28 and 29 of teh complaint) to the "the London Cobra Showcar" doesn't heklp their case either.

Typos fixed below - don't know what happened here -reposted when I was trying to edit.

birdman941 · 22-01-2009, 03:03 PM

Lawyers lie.
The auction was for charity.
I guess he has something against crippled kids or something.
Factory Five already had been sued and won on the same criteria.
Ol Shelby is just being greedy and kill the hobby of
hand building a sports car in your own garage.
It's a rehash.

**aussiblue** · 22-01-2009, 03:13 PM

It's a bit more than just metatags. According to the complaint (point 31) The FF website also says LK Motorsport has been building "hand built Cobra's for over a decade" and that it has won races in "LK Motorsport built Cobras" and perhaps most most dangerously the "MK3 Roadster continues the legacy of the original Shelby Cobras". The link (see point 28 and 29 of the complaint) to the "the London Cobra Showcar" doesn't help their case either.

It sounds like FF were not quite careful enough and it can be argued that an experienced professional web page designer would have known about the risk of using metatags that could infringe copyright. Although it seems the web designer may have been a hobbiest, if he was paid for doing it he is then a professional and should at least have taken out appropriate liability insurance.

I guess a defence might be that Cobra, Shelby and the like are so well known that no one seeking the genuine article is going to mislead by careless use of these registered names. Trying to negotiate a settlement out of court might be the least risk solution though.

In Shelby's defence he has to draw a line somehere particularly if he feels that some replica are well below par and cheapening the reputation and name (which these days is probably all he has to sell).

**aussiblue** · 22-01-2009, 03:24 PM

Also bear in mind the litigation may also have been forced on Shelby by those who are already paying him to use these registered names - i.e along the lines of I am paying you for the exclusive use of these registered names but we have become aware that others are using them without payment or authorisation - close them down or we sue you.

JerseyVics · 22-01-2009, 04:36 PM

ahhh... Mr. Shelby

**aussiblue** · 22-01-2009, 04:42 PM

Also I see that Carroll Shelby International, Inc is a public company and Carroll Shelby Licensing and Shelby Automobiles appear to be subsidiaries, ( See http://finance.yahoo.com/news/Carrol...-13564097.html ). Therefore those involved probably also have some vicarius libilities in terms of having to pursue this issue and look after the interests of minority shareholders. I suspect the litigation decisions are really in the hands of corporate lawyers rather than Caroll Shelby himself.