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65Matt · 07-18-2000, 08:28 PM

BOSTON, July 17 /PRNewswire/ -- With backing from Shelby American Inc., its equity artner, Venture Nevada, and together with Ford Motor Company, automotive manufacturing and racing legend Carroll Shelby has launched an Agressive lawsuit in Massachusetts Federal Court against Wareham-based Factory Five
Racing, Inc., asserting trademark infringement, dilution and unfair competition claims. A parallel lawsuit has also been filed by Ford in the same court.

The suit charges Factory Five with unlawful use of Ford and Shelby trademarks and other intellectual property rights. Factory Five, a rapidly growing, five year-old company, has manufactured and sold more than 1,000 counterfeit copies of the famous Shelby 427 S/C, according to the suit.

In an effort to curtail the misuse of the Shelby® and Cobra® trademarks, Shelby has for years tried diplomacy and negotiation, and such previous efforts have resulted in numerous licensing agreements covering a wide range of products. However, Shelby contends that several large replica manufacturers,
including Factory Five, seem determined to continue their counterfeiting operations, unless they are stopped by Federal Courts.

The suit claims that Factory Five and others sell packages featuring bodies that copy Shelby's famous
roadster. The companies then market their packages as ``faithful reproductions'' of the 427 S/C while frequently marking the cars with the Shelby®, Cobra® and Ford® trademarks. This increasingly artful deception misrepresents a counterfeit as if it is an original, the suit further states.

The action by Shelby challenges Factory Five's operation as a willful deception and unfair competition in violation of the Lanham Act and the Massachusetts unfair trade practices law. The suit seeks damages and
attorney fees, which may exceed $10 million. Of critical importance to Shelby, the suit seeks an order to seize and destroy Factory Five's fiberglass molds, which it uses to fabricate the 427 S/C knockoff.

``We have filed this suit to make certain that credit is given where credit is due,'' stated Shelby. ``The knock-off car manufacturers don't deserve any credit for what my team and Ford were able to accomplish
in the 60's. I don't have much time left, but while I'm here I'll do everything I can to protect the Cobra and Shelby names, and my companies will carry on long after I've gone.''

According to Shelby, this lawsuit is the first of several which will target the largest knock-off manufacturers. ``Enough is enough,'' he stated.

This action comes after the conclusion of legal proceedings in 1997 in Los Angeles Federal Court, in which Ford obtained a judgment, which recognized the Cobra trademark as the sole and exclusive property of Ford Motor Company. As part of the final resolution of the case, Ford granted Shelby an exclusive worldwide license to use the Cobra trademark and snake designs in connection with all 1960s Cobra vehicles, which Ford acknowledged were created by Carroll Shelby and manufactured by Shelby American, Inc. -- the world recognized Manufacturer of Record.

SOURCE: Shelby American Inc.

07-18-2000, 08:28 PM	#1
65Matt Registered Member Join Date: Apr 1999 Location: GA Posts: 45	CARROLL SHELBY SUING FFR- WHAT A CROOK! BOSTON, July 17 /PRNewswire/ -- With backing from Shelby American Inc., its equity artner, Venture Nevada, and together with Ford Motor Company, automotive manufacturing and racing legend Carroll Shelby has launched an Agressive lawsuit in Massachusetts Federal Court against Wareham-based Factory Five Racing, Inc., asserting trademark infringement, dilution and unfair competition claims. A parallel lawsuit has also been filed by Ford in the same court. The suit charges Factory Five with unlawful use of Ford and Shelby trademarks and other intellectual property rights. Factory Five, a rapidly growing, five year-old company, has manufactured and sold more than 1,000 counterfeit copies of the famous Shelby 427 S/C, according to the suit. In an effort to curtail the misuse of the Shelby® and Cobra® trademarks, Shelby has for years tried diplomacy and negotiation, and such previous efforts have resulted in numerous licensing agreements covering a wide range of products. However, Shelby contends that several large replica manufacturers, including Factory Five, seem determined to continue their counterfeiting operations, unless they are stopped by Federal Courts. The suit claims that Factory Five and others sell packages featuring bodies that copy Shelby's famous roadster. The companies then market their packages as ``faithful reproductions'' of the 427 S/C while frequently marking the cars with the Shelby®, Cobra® and Ford® trademarks. This increasingly artful deception misrepresents a counterfeit as if it is an original, the suit further states. The action by Shelby challenges Factory Five's operation as a willful deception and unfair competition in violation of the Lanham Act and the Massachusetts unfair trade practices law. The suit seeks damages and attorney fees, which may exceed $10 million. Of critical importance to Shelby, the suit seeks an order to seize and destroy Factory Five's fiberglass molds, which it uses to fabricate the 427 S/C knockoff. ``We have filed this suit to make certain that credit is given where credit is due,'' stated Shelby. ``The knock-off car manufacturers don't deserve any credit for what my team and Ford were able to accomplish in the 60's. I don't have much time left, but while I'm here I'll do everything I can to protect the Cobra and Shelby names, and my companies will carry on long after I've gone.'' According to Shelby, this lawsuit is the first of several which will target the largest knock-off manufacturers. ``Enough is enough,'' he stated. This action comes after the conclusion of legal proceedings in 1997 in Los Angeles Federal Court, in which Ford obtained a judgment, which recognized the Cobra trademark as the sole and exclusive property of Ford Motor Company. As part of the final resolution of the case, Ford granted Shelby an exclusive worldwide license to use the Cobra trademark and snake designs in connection with all 1960s Cobra vehicles, which Ford acknowledged were created by Carroll Shelby and manufactured by Shelby American, Inc. -- the world recognized Manufacturer of Record. SOURCE: Shelby American Inc.