2010KonaBlueGT Posted July 1, 2013 Report Share Posted July 1, 2013 Same with someone with the last name of Ford. Just because you have the last name of Ford doesn't mean that you can use the name to build cars.Steve Agreed. But we're not talking about someone building CARS (as both of your cited circumstances indicate). And we're not talking about someone name McDonald opening up a restaurant and calling it McDonalds. We're talking about someone making STRIPES with the WORD, "Shelby" in it. I had a pair of vinyl stickers made for the side of my hauler that say "SHELBY Racing" with double lines around them. I have them affixed to my truck/hauler (see the pic I posted in another thread). I have a very good friend who is a Copyright lawyer and I was advised that as long as I didn't use the CS logo at the start of it, or put the "American, Inc" under it like my decals (provided by Shelby American with parts I bought), there is NO WAY anyone can do anything about it. The sign maker I used also got the same legal advice and nixed my desire to inclued the CS logo and checkered flag on the left end of the logo (he said THAT would be copyright infrigement, as my lawyer friend said). And as CSX4833 said, It's a "Common Name" (which is the KEY to why I can use it, and so can the stripe mfgr.). (EDIT TO ATTACH PHOTO; I could not find the one of my truck/hauler with the same sticker affixed) Phill Link to comment Share on other sites More sharing options...
2010KonaBlueGT Posted July 1, 2013 Report Share Posted July 1, 2013 Shelby is a common name, but so is McDonalds. Try and open any kind of restaurant with the name McDonalds and see what soon comes in the mail. To add: I'll bet you money that someone with the last name of McDonald could legally open up a STEAK HOUSE and call it McDonald's...Because I know of one! But "McDonald's Fast Food", or "McDonald's Hamburgers"? NO WAY! I agree 1000% with Steve's Ford AND Shelby car mfgr. analogy too, that's been proven in a court of law! Phill Link to comment Share on other sites More sharing options...
14 GT500 Posted July 1, 2013 Report Share Posted July 1, 2013 I would think that the most copied logo,name would have to be Harley-Davidson. I wonder how cranky they are? I would have to think it is free advertisement for them. Link to comment Share on other sites More sharing options...
2010KonaBlueGT Posted July 1, 2013 Report Share Posted July 1, 2013 I would think that the most copied logo,name would have to be Harley-Davidson. I wonder how cranky they are? I would have to think it is free advertisement for them. You are right, it is probably THE most copied logo in the world. And they are VERY aggressive at going after people who use it without permission or license. Even the "Bar & Shield" logo, with something other than "Harley-Davidson" and "Motorcycles" in the bar/shield. They went after a guy who opened a (Harley) repair shop and called it "The Hog Farm". And they LOST that one (they own the term HOG (note the caps)) which is a acronym for Harley Owners Group and that was what they tried to use to sue The Hog Farm with. What a lot of people don't realize is, if someone uses a trademark the trademark owner MUST go after the people using it or they WILL lose it. They're not just going after people because it costs them money, they're going after people who use is so they (the rightful owners) don't LOSE it. If Shelby doesn't actively pursue people using ANY of their Trademarks or Copyrights, they WILL (not, 'might' but WILL) lose it. The CS being used in the hockey stick stripes are without question, being used illegally. IF Shelby American has the word "SHELBY" trademarked or copyrighted, they MUST go after someone using it for profit. The problem as I see it is (and as someone already pointed out), you can't trademark or copyright a "common name" or term. Shortly after Dale Earnhardt died, Richard Childress tried to copyright the Dale Earnhardt #3 (note the italics) number and failed. Why? Because you can't copyright common items like a name, a color, a number (otherwise there would be 10 copyrights and NO ONE could use a number) etc. SA could (and likely DOES) have the Carroll Shelby signature copyrighted but I don't think (I'd have to check with my lawyer pal) that they could copyright the NAME, Carroll Shelby because there are likely others named Carroll Shelby out there. For SURE there are many named Shelby, I know two and just heard of another last Friday night (a lady came to my car in the pits and told me she named her daughter "Shelby" after the car). At the very least, I'd think SA would send the mfgr.'s of those stripes a cease & desist letter, regardless of IF they have the name/term "SHELBY" trademarked or copyrighted. But IMHO, they BETTER get one out to the guy using the CS logo or they stand a good chance of losing it (especially in light of the fact that they KNOW it's being used/marketed)! Remember, the MUST...Not "shall" or "may", but MUST. Phill Link to comment Share on other sites More sharing options...
shelbymotorsports Posted July 1, 2013 Report Share Posted July 1, 2013 Actually it would be Carroll Shelby Licensing, Carroll Shelby International or the CHS trust that would "go after" someone. Shelby American does not own the rights to these trademarks. And yes someone could probably open a McDonalds steak house but if they were to use two yellow arches in their logo they would come under fire from corporate McDonalds. Steve Link to comment Share on other sites More sharing options...
2010KonaBlueGT Posted July 1, 2013 Report Share Posted July 1, 2013 Actually it would be Carroll Shelby Licensing, Carroll Shelby International or the CHS trust that would "go after" someone. Shelby American does not own the rights to these trademarks. And yes someone could probably open a McDonalds steak house but if they were to use two yellow arches in their logo they would come under fire from corporate McDonalds. Steve Ditto, on both statements. I'm using SA generically. Sorry, Phill Link to comment Share on other sites More sharing options...
Jer Posted July 1, 2013 Report Share Posted July 1, 2013 Just a general FYI for everyone, action IS being taken on this. Thanks, Jer Link to comment Share on other sites More sharing options...
2010KonaBlueGT Posted July 1, 2013 Report Share Posted July 1, 2013 Just a general FYI for everyone, action IS being taken on this. Thanks, Jer Jer, I looked and looked through my bookmarks and my e-bay saved searches and can't find the link I *thought* I saved. I only looked in my Firefox bookmarks, and might have saved it when I was still using IE but regardless, I'm pretty sure the first link posted (super snake stripes, any color) is the seller I saw. The price is about what I remember and the multi colors are there too. IF I find the another saved page, I'll get it to you too. Phill Link to comment Share on other sites More sharing options...
frydguy79 Posted July 1, 2013 Report Share Posted July 1, 2013 Just a general FYI for everyone, action IS being taken on this. Thanks, Jer dang i better get some on order asap then... Link to comment Share on other sites More sharing options...
CSX4833 Posted July 1, 2013 Author Report Share Posted July 1, 2013 Jer: Sorry to have started such a fuss, but to be honest, I'm glad I did. It sounds like we and our cars that we cherish so much will hopefully be legally protected. Kevin Link to comment Share on other sites More sharing options...
twobjshelbys Posted July 1, 2013 Report Share Posted July 1, 2013 I know two guys named Shelby that would disagree with you. However, the "CS" logo in the one is without question copyright infringement (provided Shelby American has it copyrighted). If the stripe said "Shelby American", it would be infringing. They *can't* copyright or trademark the word/name "Shelby" because it is a common name. That would be like me trying to copyright "Phill". I can however, copy right my "Pollard & Sons Racing" name. Phill Sorry, but you would actually be wrong depending on the usage. Chances are you could make Shelby Shampoo (as long as it doesn't have any graphic resemblance to a Shelby logo). Shelby Spaghetti? That would be questionable because of Shelby's connection to the chili. Make anything remotely connected to a car with "Shelby" in it? Almost a 100% chance you'll get the trademark enforcers on it. The cross naming is dependent on industry linkage. If there is a chance that the use of a name could be associated with someone else's product, then it isn't allowed. Case in point happened here a few years ago: http://www.n3978y.com/ This is relevant because of the firefighter linkage to the Arizona wildfire deaths. Gordon was a helicopter pilot helping to put out a wildfire about 10 miles west of here when his chopper went down in the fire. He was well known in the local micro-brewery circles. Link to comment Share on other sites More sharing options...
dave c Posted July 2, 2013 Report Share Posted July 2, 2013 The add says " You Are Bidding On a Super Snake Style Single Racing Stripe Kit With 1" Accent Pinstripes *These Are Aftermarket Stripes Of Our Own Design, Non-Factory Stripes " i don't see whats wrong with it? it says its a "STYLE" and its their "Own Design" It starts off that way. Then the person gets bored with the car, decides to sell it, isn't truthful with the buyer. The new buyer then contacts the Shelby registry and wants build info on their "special car". Steve gets a chuckle then has to respond to the new owner who isn't going to be real happy. This isn't always the case, but often is. Exhibit "A". http://www.teamshelby.com/forums/index.php/gallery/image/10229-931210-667429203283976-1894356034-n/ Link to comment Share on other sites More sharing options...
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