By Hubble Smith, Las Vegas Review-Journal Knight Ridder/Tribune Business News
Sep. 12--Carroll Shelby, the legendary automaker who manufactures his Cobra sports cars in Las Vegas, said he's encouraged by a recent court decision in his fight against knockoff parts makers.
A federal judge in Boston issued an Aug. 21 decision in which he found that the so-called 'rolling chassis' built by Superformance International Inc. of South Africa is 'identical to the Cobra shape' and is being sold in the United States, 'often with Cobra emblem badges.'
Judge Rya Zobel also acknowledged that Shelby is the creator and designer of all original Cobras manufactured in the 1960s.
'These findings are encouraging,' Shelby said in late August. 'The judge recognizes the true design history of the Cobra, and that companies like Superformance are deliberately making identical copies of designs and using Cobra badges without my consent or Ford's.'
Zobel issued a partial summary judgment ruling against Shelby on what the judge described as the 'complex and constantly evolving' issues presented by the 'trade dress' case law.
Neil Cummings, an attorney for Shelby, said the judge ruled only that Superformance is deliberately copying the car's design.
However, under her interpretation of the trade dress law, which protects the design of something, the judge said Shelby still has the burden of proof that the law was violated.
'This is just another bump in the road,' Shelby said. 'We've been dealing with these issues for over 20 years, but we won't rest until we expose all of these knockoff parts makers for what they truly are. And believe me, my team will continue these efforts for as long as it takes -- long after I'm gone, if need be.'
Shelby American is building the latest in a long line of Shelby's performance cars in a plant at Las Vegas Motor Speedway's industrial park. It's the only automobile manufacturer in Nevada, company spokesman Gary Patterson said.
He said the plant has produced about half of the limited edition of 500 Shelby Series 1 sports car, which are now selling for $140,000 plus options. Shelby is awaiting recertification on emissions standards for the car.
The plant has also manufactured about 300 of the $40,000 Shelby Cobras.
Shelby American came under new management in 2000 when former General Motors plant manager Nelson Gonzalez took over for Donald Rager.
Gonzalez has since left the day-to-day operations, but Venture Nevada LLC, the company that bought a 60 percent share in Shelby American two years ago and made the personnel changes, remains as an investor. The plant's new general manager is Brent Fennimore.
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(c) 2002, Las Vegas Review-Journal. Distributed by Knight Ridder/Tribune Business News.
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