FFCobra.com is getting sued.

[Cryptic]

FFCobra.com, along with Factory Five and one of their dealers, has been sued by Carroll Shelby, Shelby Trust and Shelby Licensing.

http://www.ffcobra.com/forums/showthread.php?t=206492

You can read the complaint filed by clicking here (http://www.iptrademarkattorney.com/carrol-shelby-trademark-complaint-lawsuit-trade-dress-factory-five.pdf).



You can get sued now for using Metatags now. :punch::sgay

[Waver]

Do you really think it is shelby doing this or his lawyers that are tripping out about everything because of the economy.....Starting to sound like Ford's lawyers going after mustang sites, ect.....it is not so much the company, but the lawyers whor instigating these things, probably because Ford hasnt been sued for a while and they are bored.

[94greenbandit]

These people have been in business for how long and they are just now going after them.

Interesting post from someone on that site:

Anyone who believes Shelby is being used by his lawyers and doesn't know about this lawsuit is fooling themselves. CS is a bitter, greedy, washed up, old man who has been making his living by suing people and screwing people over all his life. Many people close to him have been trashed by his lies and financially ruined by his business dealings. Anyone who still idolizes him needs to take their head out of the sand and look at his past business and legal actions. Even in the 60's he was taking advantage of people but since he was winning races everyone overlooked his avarice. I grew up in LA in the 60's, know several people closely associated with CS and have seen and heard the stories first hand. Moderators, If this post is too inflammatory please feel free to remove it.

[Yooformula]

is it possible they have been doing this without copyright permission? perhaps their agreement ran out and they didnt renew with Shelby, it is HIS nameplate afterall. If they are making profits with the use of his name or trademark, shouldnt he be allowed to sue to them if they dont have his permission or havent agreed to his terms on the use of his name? as with any other trademark, get licensed by him and there is no issue, sound like FF has been greedy with their profits using his trademark to me.

not everyone wants to be like george foreman and sell his name to everyone on the market.

[Waver]

As far as I know Superperformance is the only one that is licensed by Shelby to make the Cobra/Daytons replicars.

[Yooformula]

As far as I know Superperformance is the only one that is licensed by Shelby to make the Cobra/Daytons replicars.

are they being sued or have they?

[shoooo32]

are they being sued or have they?

no, they are authorized to make cars but cannot call them cobras. The funny thing about this case is shelby sued factory five a few years back and lost. Why would he try again? And sue a forum? This is as bad as when he sued his own fan club SAAC.:flipoff2: I'm taking the badges of my car.

[Voodoo Chick]

These people have been in business for how long and they are just now going after them.

Interesting post from someone on that site:

Anyone who believes Shelby is being used by his lawyers and doesn't know about this lawsuit is fooling themselves. CS is a bitter, greedy, washed up, old man who has been making his living by suing people and screwing people over all his life. Many people close to him have been trashed by his lies and financially ruined by his business dealings. Anyone who still idolizes him needs to take their head out of the sand and look at his past business and legal actions. Even in the 60's he was taking advantage of people but since he was winning races everyone overlooked his avarice. I grew up in LA in the 60's, know several people closely associated with CS and have seen and heard the stories first hand. Moderators, If this post is too inflammatory please feel free to remove it.


Wow, I never knew the guy was such a jerk.....I kinda looked up to him, and thought he was cool, I guess I better do a little more research....

[Waver]

love his cars, always have. I have respect for his designs and ideas, as well as his racing career, however as a person, not so much

[PureSound15]

I like how he signs a ton of the FF cars with his signature ... and now is suing the company that produces them.

"Thanks, I'll take the credit & attention from you building a replica of the dream machine that 99% of average income citizens cannot afford and then sue you for producing them and putting more power behind my brand loyalty"

[Silver86]

what a joke... :rolleyes:

[Windsors 03 Cobra]

Times are tough.

[DRK]

Soon he will be suing the snake formerly known as Cobra for using his copyrighted name. That old chicken farmer never built a car in his life, but he is a shrewd businessman and in the 60's he surrounded himself with some of the most talented cars guys in the world. Sadly this is what business has become in the united states of sue happy lawyers and payed for politicians.
I wonder how he would feel if Ken Miles family where to sue him now for the J-car coming apart at speed and killing him at riverside.

[Nix]

So if they sue the forum and win, what do they sue them for (how much bread) and where does it come from? The owner of the board? :confused

[PureSound15]

That would depend on if it's an LLC or how the board is legally set up as a business.

[Nix]

That would depend on if it's an LLC or how the board is legally set up as a business.

sad, all in all I think its pretty low of them. If anyhting their hurting themselves cause' I'm sure those Forums bring them money from people talking about their products and getting their friends along with other people intrested in their stuff.

Its kinds like they are biting the hand that feeds them, you know what I mean?

[Voodoo Chick]

sad, all in all I think its pretty low of them. If anyhting their hurting themselves cause' I'm sure those Forums bring them money from people talking about their products and getting their friends along with other people intrested in their stuff.

Its kinds like they are biting the hand that feeds them, you know what I mean?


I feel the same way. Like Ford suing all those people, and saying they can't post pics of their own Mustangs. It seems mean and ungrateful, and very petty.

[Prince Valiant]

IIRC, EVERYTIME a forum/supplier has gotten sued (either by Ford or CS), they WERE in fact, IN THE WRONG. It's not like these suits are without any merit.

FWIW, Carrol and SCCA DID come to an agreement and settlement.

[DRK]

IIRC, EVERYTIME a forum/supplier has gotten sued (either by Ford or CS), they WERE in fact, IN THE WRONG. It's not like these suits are without any merit.

FWIW, Carrol and SCCA DID come to an agreement and settlement.

not true. CS lost a former lawsuit against FFR because FFR never claimed their car was a Cobra. If Carrol Shelby cared about cars or the car enthusiast community he wouldn't have inmates building his cars today. In my mind he is the T.O of the car world.

[shoooo32]

Factory Five responds...


Re: Carroll Shelby and almost 10 years of litigation: COBRA and 427 are registered trademarks. Factory Five Racing, Inc. is not connected to the holders of these marks.

In February, 2001, Factory Five Racing, Inc., and Shelby mutually agreed to the entry of a Consent Judgment (“Order”) in litigation brought by Shelby in the United States District Court, District of Massachusetts whereby, among other things, Factory Five agreed not to use the word “Cobra” to describe our products. Factory Five agreed to this since it was not using these marks anyway and, for obvious reasons, it wanted to avoid any association whatsoever with Shelby. In return, Shelby agreed to forever dismiss any claims relative to the shape of the Factory Five Roadster and Type 65 Coupe and other designs.

Factory Five Racing wants you to know that we do not recommend or encourage the use of COBRA badges on our Factory Five vehicles. We are proud of our products and there is nothing we want less than to be associated in any way with him, his company, or Shelby products.

[Rocket Power]

I like their response :thumbsup

[lordairgtar]

So, is Carrol going around and popping emblems off cars?:rolf

[WickedSix]

In all reality the FFR platform is leaps and bounds better than the original cobra....the materials and engineering have seen far more consideration. Maybe CS is mad because more people like the FFR coupe cus it is a better package at a SUBSTANTIALLY lower price

[TransAm12sec]

I'm curious who people dislike more, Carroll Shelby, or John Hennessey.