[Tigers] Shelby's claim to name Sunbeam Tiger

Jay_Laifman at countrywide.com Jay_Laifman at countrywide.com
Thu May 22 18:39:35 MDT 2008


>I wonder what this means??????  If you go to the following  site 
>(
http://www.saac.com/index.php?option=com_content&task=view&id=137&Itemid=33
) 
>you will find a copy of Shelby's amended complaint recently  filed.  Go 
>towards the end around page 18 and look for exhibit  "A".  In the exhibit 
look 
>under "License Agreement" and then find the  paragraph titled "Recitals". 
 
>This appears to be a list of the many names that Shelby stakes a  claim 
>to.....names like Cobra, Shelby Cobra, Shelby Cobra 427, etc..  Well,  lo 
and 
>behold what name shows up toward the end of the list, but "Sunbeam Tiger" 
 :-))) 
>Now, can some legal type figure out what that means?  Does it  mean that 
>while everyone was sleeping that Shelby's company staked claim to the 
name? Or is 
>this something he obtained through  his original deal with  Rootes way 
back 
>in the 60's?


No, that is not what seems to be going on.  In fact, it could have been 
SAAC who put Sunbeam Tiger in the list.  If you look at other sections in 
the License Agreement where it sets forth the requirements for SAAC to 
label its use of "Shelby" and other related names as owned by Shelby, it 
does NOT list Sunbeam Tiger on those lists.  Sunbeam Tiger is only on the 
list in the recitals and the definition of "Licensed Properties."  So,I 
believe SAAC wanted to have everything under the sun as a "Licensed 
Property" so Shelby could not come back at them and claim any additional 
rights for anything else.  But, when it came down to the affirmative 
obligations of SAAC, the list was much smaller.




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