Press Release- Rick Kopec retires from SAAC

[98SVT - was 06GT]

From my understanding the threat of the litigation would be hinged on the ability to continue to use the name "SAAC". How accurate is that assessment?

If I remember back in the dark days SAAC was ok but "Shelby American Automobile Club" was a no go without paying a licensing fee to use the name of the high and mighty.

[rkm]

Unfortunately, even the threat of an unmeritorious lawsuit is very expensive to defend. I can't understand why Ford Motor Company would do something to alienate a group of 5000 enthusiasts who have kept buying Ford products and still say "First On Race Day" to everyone they meet. Let Rick publish his book. No lawsuits please. We're not saving the world, just having tons of fun for 50 years. Shelby isn't alive to tell his version and we shouldn't have to pay lawyers to call the dozens of SAAC members who knew what was going on. Ford will lose much more by trying to squelch the book and now everyone who cares has seen it anyway. It won't hurt their sales one bit.

[98SVT - was 06GT]

Unfortunately, even the threat of an unmeritorious lawsuit is very expensive to defend. I can't understand why Ford Motor Company would do something to alienate a group of 5000 enthusiasts

The trick is to get SA etal declared a vexatious litigant who is someone that repeatedly files lawsuits without a reasonable basis, often to annoy or harass the other party. This can involve filing frivolous lawsuits, unnecessary motions, or other tactics designed to waste time and resources.
I'm sure the records would show many people paid $$$ to make the suits go away without ever seeing the inside of a courtroom.
As far as I know Ford has nothing to do with it. In fact my inside sources tell me that SA is on the outs with Ford and issued specific instructions that there be no Ford representation (products or people) at the last Bash.

[rkm]

Probably really hard to do. It would be up here and it would be harder in California with this case would likely be venued. Shelby American still needs to fight legitimate lawsuits so that their business will succeed. I'm sorry to hear that Ford is not supporting them because they're the only people that are still making the kind of performance cars we like. And teaming up with Team Shelby for conventions is good for everybody.

Rick needs to be allowed to say what he wants to say, the Club and Shelby American need to figure out what's best for both of them to keep this party going as long as we can. I'm sure lots of other people feel the same way.

[JohnSlack]

Probably really hard to do. It would be up here and it would be harder in California with this case would likely be venued. Shelby American still needs to fight legitimate lawsuits so that their business will succeed. I'm sorry to hear that Ford is not supporting them because they're the only people that are still making the kind of performance cars we like. And teaming up with Team Shelby for conventions is good for everybody.

Rick needs to be allowed to say what he wants to say, the Club and Shelby American need to figure out what's best for both of them to keep this party going as long as we can. I'm sure lots of other people feel the same way.

If the honest opinion of the keeper of the flame is no longer valued then what value are the rest of us? Lemmings?

Rick needs an apology, he needs to be publicly invited back to the position he deserves, whether he accepts it or not his prerogative AND he needs the freedom to bring up the issues that the rest of us are not aware of. When truth and reason are forced out the void left does the harm.

[98SVT - was 06GT]

....... It would be up here and it would be harder in California with this case would likely be venued.

Actually pretty easy in CA. There was a guy who wanted to join a club. They didn't want him he sued. They looked up his court records and found he'd filed 100s of suits against colleges, clubs, companies and even some churches that wouldn't let him join. They got the ruling which amounts to him having to post a hefty bond along with the suit to cover the sued parties expenses should he lose.

Here is the list of trademarks "claimed" by Shelby Licensing. It's open for debate. Ford granted SA use of Cobra on 2 seat cars. All the rest (except his name) SA lost to Ford in 1967 for an unpaid loan. The "outward appearance of the 1960s Shelby Cobra" he lost on that one in many cases - Factory 5 (FFR) being his and Ford's biggest loss. CS lost rights to the shape because he didn't aggressively protect it and Ford lost because Factory 5 never used the word Cobra to describe their cars. I wonder if SA offering a Mustang with GT350 on it is the root of the current SA/Ford friction? I wonder if SA is paying a licensing fee to the FIA to use it. If I was the FIA I'd be all over them for not actually selling a car that met the FIA specs it was originally built to.

Copyright ©2022 - All Rights Reserved. SHELBY®, SHELBY GT®, GT500®, GT350®, SUPER SNAKE®, 289®, 289FIA®, 427®, 427 S/C®, the outward appearance of the 1960s Shelby Cobra vehicles® and SHELBY AMERICAN™ are registered trademarks and/or the tradedress of Carroll Shelby and Carroll Shelby Licensing, Inc. (Shelby).

SA 2nd try at Factory 5 also lost.
The central inquiry, then, is whether the subsequent trade dress violation involves the same cause of action which was settled or was broader or more far reaching. In this case, the settlement agreement resolved the Type 65 trade dress claims and did not bar FFR from using the Type 65 kits, which have apparently not broadened or changed in the intervening years. Under the settlement agreement, "Shelby dismisse[d] with prejudice all claims that have been asserted or could have been asserted relative to the trade dress or designs of FFR's kits, including but not limited to the kits known as the 427 Roadster and the Type 65 Coupe." (FFR's Mem., Ex. B ¶ 9 (emphasis added).) Shelby's argument that the first suit only involved the 427 S/C contradicts the plain language of the settlement, which dismissed all claims "relative to the trade dress or designs of FFR's kits" involving Factory Five's Type 65 Coupe, not merely those relating to the trade dress of the 427 S/C. Moreover, the Final Judgment included numerous, specific references to both the name and design of the Daytona Coupe.

[csxsfm]

For me, CS walked away from his legendary old cars when he sold his parts business to Spillane in 1972.

[gt350shelb]

 perhaps the new club  name should be FUSA  or $AAC

[deathsled]

1. Slander and libel are extinguished by the death of the plaintiff as a general rule and the cause of action does not pass to the estate.

2. Truth is an absolute defense to a slander or libel lawsuit.

3. First Amendment rights apply where the State action attempts to curtail free speech whereas private entities can curtail speech on a given platform without any concern for the application of the First Amendment to the US Constitution.

4. Is there a time limit on a nondisclosure agreement and how encompassing can it be? Does an NDA apply to non parties and non signatories to said agreement?

[deathsled]

As an addendum, none of this stops a lawsuit frivolous or otherwise. But, at the close of said suit, a prevailing defendant may have a malicious prosecution cause of action.

[deathsled]

As a further addendum, what I stated are general legal principles that vary from State to State and I cannot account for rogue judges and juries who do not know or follow the law to result in a deleterious  legal outcome for any defendant or counter-plaintiff. I have witnessed many bad legal decisions in trial courts in my time mostly through legal research on appellate court cases. That is why appellate courts exist as further oversight to trial courts that otherwise have no clue what they are doing. Your mileage may vary. Govern yourself accordingly.

[shelbydoug]

It is really saddening for me to sit here and watch this total lack of enthusiasm on any of the "Boards" part to explain it's actions.

In effect, the restrictions were removed on censorship to permit that?

It isn't for me to explain anything. I'm not the one who has thrown the grenade.

So it leaves me to wonder now exactly what type of morning flowers I should send to the funeral that you are titling as the SAAC 50th Convention?

It is always best to show respect for the death of a loved one. The flowers express some of the feelings that words can't express.

I'm sorry for your loss.

[computerworks]

It is really saddening for me to sit here and watch this total lack of enthusiasm on any of the "Boards" part to explain it's actions.

In effect, the restrictions were removed on censorship to permit that?

It isn't for me to explain anything. I'm not the one who has thrown the grenade.

So it leaves me to wonder now exactly what type of morning flowers I should send to the funeral that you are titling as the SAAC 50th Convention?

It is always best to show respect for the death of a loved one. The flowers express some of the feelings that words can't express.

I'm sorry for your loss.

C'mon, Doug... cheer up.

It sounds like it is your loss.

The explanation of the "situation" was given way earlier in this thread by me.
We allowed this free-form discussion to flourish on this topic, to see what Forum users think.

I like your 'grenade' reference... that's exactly what was thrown at the club.

I hope you can make it to SAAC-50. Early  registration numbers have exceeded all prior records. It will be a good event.

[shelbydoug]

Your explanation is not forthcoming in details. You speak in generalities.

THAT is where it is at.

YOU STILL have the opportunity but are dancing around it.


Call it a Convention if you like. Perhaps the last convention, but there is no doubt whatsoever that something has died here.

We're thinking Lilies delivered to the dinner?

[gt350shelb]

I hope you can make it to SAAC-50. Early  registration numbers have exceeded all prior records. It will be a good event.

50 years is a lot of prior events  bigger than glen ? charlotte, dearborn ?