 |
It
took three years and 1.3 million dollars in legal fees before it was
over. The case was finally resolved Feb. 11, 2002 in Boston
Federal court. The lawsuit was very complex and involved, with
issues and facts that are better addressed in a book (it's in the
works), rather than a newsletter. The bottom line is that it's all
over!
The result was that Factory Five Racing kept the rights to make the shape of the car (including the Coupe and other designs), whereas Shelby and Ford kept the names (Cobra, 427, S/C etc). Both sides absorbed their own legal expenses and we all went our separate ways. We used to refer to our car as a Cobra Replica (like the rest of the planet earth). As a result of our agreement, we are now referring to our kit as the 65 Roadster. We also just launched the Mark II version, which we're just calling the Mark II Roadster. Design-wise, it's the same kit. |
Behind the scenes we really felt that the names Cobra and 427 SC had become so generic over the years (with the proliferation of thousands of Cobra replicas) that there was little specific value in having to continue to fight for them. Moreover, we felt that despite claims by Ford or Shelby, the words are a small part of what has become an entire genre of American hot rods. The versions and styles of Cobra replicas are similar to the penomenon of street rods that replicate '32 Ford roadsters. Today, no single car maker or model can readily be identified as the definitive source of the product. Even Shelby American sells a kit that is manufactured by another kit car company (Kirkham Manufacturing has made their aluminum bodied kits for some time).
As it stands now, Shelby can never again contest our rights to produce the car kits. Shelby had originally sought 10 million dollars in damages from us and wanted the destruction of the tooling and molds used to build the Factory Five kits. Shelby said previously, in an interview with Automobile magazine's David E. Davis, that he would also seek $10,000 per vehicle from owners of all replicas (not just FFR). That is all over now, at least for Factory Five Racing. As of June 2002, Shelby is still pursuing similar legal action vs. Superformance. This is a losing fight for old Shel and we hope he realizes it soon.
With a clear path to the future, we want to thank personally the people who helped us make this effort tremendously successful. While we were forced to defend our rights in court, we still wish Mr. Shelby the best and hope that in time he comes to embrace and recognize the valuable and inextricable part that replicas have played in the Cobra story.
* COBRA and the COBRA Snake Design are the registered trademarks of Ford Motor Company, and Carroll Shelby is its exclusive licensee. Shelby, 427 S/C, and FIA 289 are the registered trademarks of Carroll Shelby. Factory Five Racing does not and cannot authorize the use of these trademarks on its products.