Shelby and Factory Five Racing have been going at it for years. Back in 2000, Shelby filed suit against the Massachusetts-based replica builder, which resulted in Factory Five being allowed to continue building cars as long as it made no reference to the terms “Cobra,” “427 S/C,” “Shelby,” “Shelby Cobra,” “Daytona Coupe” or “Daytona Coupe Cobra.” Eight years of apparent peace passed until Shelby again filed suit against FFR because the company felt that the the replica builder’s Type 65 Coupe name was too close to its Shelby Daytona Coupe. The court ruled in favor of Factory Five.
The two companies went back to court a third time because Shelby recently attempted to patent the shape of the Cobra. Well, the case has been settled and the result is yet effectively another victory for Factory Five Racing. The United States Trademark Trial and Appeal Board felt that the shape of the Cobra does not solely belong to Carroll Shelby. Factory Five had the following to say: