Knobbe Martens Olson & Bear LLP - IP Litigation, Carroll Shelby Licensing, Inc. and Ford Motor Co. v. Superformance International, Inc.

Carroll Shelby Licensing, Inc. and Ford Motor Co. v. Superformance International, Inc., CV-00-12581 RWZ (D. Mass.)

The firm successfully defended Superformance International, Inc. in obtaining summary judgment dismissing Carroll Shelby's claims of trade dress rights in the shape of Cobra vehicles. Shelby sued Superformance alleging trademark infringement, trade dress infringement, trademark counterfeiting, federal and state trademark dilution, unfair competition and violation of import statutes. Shelby could not establish that the car design was distinctive. Thus, the court granted Superperformance's motion for summary judgment to dismiss the trade dress claim, dilution claim, and the counterfeiting claim. In addition, the court denied Shelby and Ford's motions regarding trademark infringement. Published decision at 251 F. Supp. 2d 983 (D. Mass. 2002).