Legal Actions to Halt Infringement of Cobra and Shelby Trademarks

18 July 2000

With backing from Shelby American Inc., its equity partner, Venture Nevada, and together with Ford Motor Company, automotive manufacturing and racing legend Carroll Shelby has launched an aggressive lawsuit in Massachusetts Federal Court against Wareham-based Factory Five Racing, Inc., asserting trademark infringement, dilution and unfair competition claims. Ford has also filed a parallel lawsuit 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. 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. 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. "According to Shelby, this lawsuit is the first of several which will target the largest knock-off manufacturers.

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