Carroll Shelby responds to SAAC allegations
click above image to read Carroll Shelby's statement
There are always two sides to every story. When Carroll Shelby canceled his licensing agreement with the SAAC (Shelby American Automobile Club), it looked like he was giving the 33-year-old club the short end of the stick. After all, the club has done an incredible job of promoting and preserving the Shelby brand. Rick Kopec and Ken Eber, who run SAAC, thought so and formed a legal defense fund to fight for the right to use the Shelby name. However, Carroll recently released an official statement giving his take on the situation, and has listed several ways in which he believes the SAAC has refused to comply with the various terms of the licensing agreement. Interestingly, he has extended an offer to local clubs to use the Shelby name. The cost? $1.00 per year, the same as he charged the SAAC.
Looking at Shelby's reasons for canceling the contract, it becomes apparent that the feud is not with the club, but with Kopec and Eber. Whatever the result, we hope that the 5,000 members of the SAAC don't suffer as a result.
Shelby's full response to Ken Eber and Rick Kopec after the jump.
[Source: Shelby Licensing]
PRESS RELEASE:
Carroll Shelby, CEO of Carroll Shelby Licensing Inc., (CSL) has issued a statement in response to allegations made by the owners of the organization formerly known as the Shelby American Automobile Club.
"I wanted to explain my concerns to the members of the Shelby American Automobile Club directly, but couldn't because SAAC has refused to give me a list of its members, even though the licensee agreement with SAAC requires them to allow me access to their books and records. So I am being forced to share the facts through a news release.
Rick Kopec and Ken Eber, two of the individuals who run the for-profit business called SAAC, have said that they don't know why we didn't renew their annual license. That's not true. We've sent e-mails, made phone calls and mailed letters explaining our concerns for quite some time. Except for the message noted at http://www.shelbylicensing.com/press.htm , they went unanswered. For the past several years, I've repeatedly told them that I was unhappy with their disregard of the reporting requirements of their license agreement and the way they managed the club. And, for the past eight years, their business hasn't kept the terms of its extremely favorable agreement with my licensing company, Carroll Shelby Licensing.
Here are the primary reasons that we did not renew the license for this business:
- For many years, I loaned truckloads of memorabilia to the club and provided 1960s production records for the registry; Kopec and Eber promised that everything would be returned to me whenever I asked. In fact, that's what Kopec admits to on page 11 of the last printed edition of the "Shelby American World Registry," which was published in 1997. But they have refused to do so, and I'm told they have sold many of the items, like cancelled Shelby American checks, over the Internet and the like. This is not what anyone had in mind when I let them borrow my things, or my licensing company granted them a license.
- Under the terms of their licensing agreement with CSL, they were required to provide annual and quarterly sales reports, as well as certified statements of sales and a full audit. Also, if requested, they were to allow us 'free and full access' to their books, records and accounts. They have not done any of these things, even though I've personally asked them many times.
- They've never provided proof of the basic liability insurance required by the license agreement. This could expose me personally and all of my companies to enormous liability.
- They failed for nine years to even ask for, much less receive advance approvals from CSL of the thousands of products and product designs they've been selling under license, even though the license agreement clearly states that this failure is grounds for "immediate" termination.
- They didn't even pay the $1 per year licensing fee for the past nine years.
- CSL not only has the right not to renew SAAC's license (which was made for only one year at a time for a reason), but in light of their continued disregard for the license agreement requirements, my trademarks and other intellectual property rights are at great risk if I allow this to continue.
Kopec and Eber say SAAC has 5,000 members who pay almost a quarter-million dollars in dues each year. Then there are advertising revenues, sponsorships and money made at the SAAC national convention. In return, from what I can tell, members receive just one mediocre publication and a couple of classified advertising newsletters.
And where is the Registry that has been promised year after year? The last one was published 10 years ago. I have received many calls from people who have paid hundreds of dollars for a Registry; they have threatened lawsuits against me and my companies because they have not received their book. The basic information in the Registry about colors, how many cars were built, etc., should be regularly updated and available online for instant access by members.
Kopec and Eber recently offered sponsorship of the club to a kit car maker. I have no issue with the individuals who buy kit cars and love the Shelby brand. But, would GM let Chrysler sponsor the Corvette Club? Would Harley Davidson ignore an attempt by Kawasaki to sponsor the Harley Owners Group?
I tried for years to address changes that should be made, but my requests fell on deaf ears. Some of the correspondence concerning this matter can be found at http://www.shelbylicensing.com/ . So my licensing company and I asked Eber and Kopec to return the 1960s records and items they originally promised to give back to me, as well as those they have collected over the years using my name under license. And I told them that they can't use my name or the name of my company anymore, and to dispose of their inventory as required by the license agreement.
Now they want club members to give them hard-earned money to defend their business interests. Eber and Kopec are asking people to help sue me when they won't even tell anyone, much less my licensing company, how much money the club has made over the years collecting member dues and selling 'Shelby' memorabilia and merchandise for a royalty fee of only $1.00. Are they fighting me because they're really afraid for the Registry or do they fear giving us financials, which they've been required to do, but refused?
Shelby enthusiasts, as well as SAAC club members and registrars deserve better. They should have a club that provides good value and benefits everyone who is involved. They deserve a club that leverages technology to share information and runs events that encourage people to enjoy their cars. They deserve to be treated with class and respect. To say that Team Shelby will negatively impact the value of Shelby cars is ridiculous.
I've received probably 250 telephone calls from people asking me to check on whether a particular Cobra or Mustang they wanted to buy is authentic. The next thing I hear from them is that Ken Eber has bought it. Where I come from, when there's that much smoke there's usually some sort of fire!
Also, I've been told many times by members that Ken Eber has said that he doesn't need Carroll Shelby. Well, now he won't have to bother with me and I won't have to bother with him. And, it seems to me that they make enough money that they don't need to go around poor-mouthing to the Club members to finance their legal defense fund against me. Shame on both of them! And, as far as Ken and Rick's associate, Mr. Pardee, the Club members should ask him how much of my personal memorabilia is being stored in his garage that, by all rights, should come back to me. Even though the three of them have slandered me by making public statements that I am 'evil,' I'm still entitled to get my personal belongings back. Who can disagree with that?
The bottom line is my legacy should be left in the hands of my family and real enthusiasts. I want to extend an offer to the local clubs to contact my office and arrange for a license to use the Shelby and Cobra name at the same base cost that we offered SAAC of $1. This will allow them to continue their great work.
It's my right to stop letting someone use my name and the name of my legacy company, Shelby American, when they won't listen to me or keep the terms of the licensing agreement they signed many years ago. Team Shelby won't be run that way. You have my word on it."













Reader Comments (Page 1 of 1)
Gerrit 10:29PM (2/17/2008)
Amen. Mr. Kopec and Mr.Eber never gave the impression that this was a money making Club. As a former memeber, I thought that the fees collected verus the rag mag we got did not add up. Nor the sale of merchandise that again made money. All in the Name of Mr. Shelby. Not only do I feel that there needs to be an audit of the books, certainly any materials should be returned to Mr. Shelby no matter what. Selling or copying and then selling his personal materials is criminal and someone who steals, should go to jail. Mr. Shelby and Company have not asked for anything other than to fulfill the terms of the $1.00 license fee. It is a simple contract and the Club is in default on many levels. Amazing too, it seems that being in the club for many years, how all of sudden Kopec and Eber [and there others] find such great deals on cars, find cars at all, and other members go wanting.... yes if there is smoke...... a nasty nest of fires exist.......And if Ford gets involved, look out SAAC.
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LMBVette 8:49AM (12/10/2007)
There is an interesting take on this over at www.autoextremist.com . PMD really takes Shelby to task, and I agree with him.
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JohnnyRyall 9:23AM (12/10/2007)
I guess the thing that makes me side with Shelby is that apparently he loaned them stuff and they sold it. That would be enough for me right there. There's many reasons not to like CS, but it looks to me like these other 2 are even worse.
Matt B 10:12AM (12/10/2007)
How can you agree with him? As much as Shelby may not be the best guy, you've got to side with him (assuming of course what he says is true). That Autoextremist guy is wrong, wrong, wrong. For starters:
"he's demanding their financial statements (which Shelby has no right to)"
Well, according to the license agreement- HE DOES. He doesn't want it for the money- otherwise he would just raise the license fee from ***$1/year***!
And he also just wants *HIS* stuff back. Stuff he loaned in good faith.
Taylor 10:45AM (12/10/2007)
autoextremist must have written that before Shelby wrote this open letter, because it's completely stupid after it after this one. Carroll obviously isn't after money, because he is once again licensing it for $1 a piece. That basically shoots down that argument. Secondly, he's wanting SAAC to follow the licensing terms, which aren't being followed. Autoextremist doesn't even mention that, or much less mention the fact that SAAC is basically stealing his stuff.
All in all it sounds like SAAC should get sued and fall off the face of the Earth.
Mike 10:33AM (12/10/2007)
It doesn't matter who you think is right and who you think is wrong, legally Shelby can and will do what he is doing. The SAAC agreed to a license of which they blatantly and repeatedly violated the terms of. Not only that but Shelby could sue SAAC for BoC and probably win alot of money because of the value of the memorabilia they hold.
Personally, I think Shelby should wipe the floor with those two idiots. I would do the same to protect my personal property, trademarks and family name.
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SGV 10:41AM (12/10/2007)
How can anyone not agree with Shelby? Regardless of any other consideration he has suffered damages, is entitled to compensation and also to get his property back.
The fact that the Shelby name was licensed for $1 speaks loads (and not even that money was cancelled) speaks loads on the actors in this drama. I have no idea on the motivations of the Autoextremist, but his editorial had so many negative value judgments on Carroll Shelby that one has to wonder. The Autoextremist very seldom speaks positively of anyone or anything that doesn't come from GM (can you say HACK) so I guess that Shelby is fair game.
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falloutagain 10:54AM (12/10/2007)
this is obviouslt CS's lawyer approved statement. That being said it seems almost unbelievable that SAAC has been so disrespectful to Shelby.
Selling his personal memorbilia, refusing rightful documents etc.
I have never met these guys but are they that bad of people?
It sounds like this statement is trying to get people to say "poor old Shelby" which is obviously what his lawyers and PR people want the public to say.
IMO, Shelbys relationship with Barrett-Jackson puts him in a negative light with me - and yes I have met C Jackson.
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rndmnme 11:06AM (12/10/2007)
Man for as much money as SAAC is supposedly brining in they could hire people to complete the registry and those two knuckleheads could still collect a paycheck and sit on their butt and drive their Shelby's.
What person here wouldn't love that job? No, those guys had to sell stuff that wasn't theirs and not pay $1/year. What a joke. These guys can't even make a decent web site and capitalize on the amount of people on the web. I'd be pretty ticked too if somebody was taking my name and selling it to produce knock off kit cars without my permission as well. Looks like greed got the best of those two, how pathetic.
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anon 12:35PM (12/10/2007)
A car club is for enthusiasts - proceeds from the organization should be reinvested into it's membership, not pay for someone to have a car collection and a big home.
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Jay Evans 12:24PM (12/10/2007)
Sounds a lot like what happened to the original Miata Club of America. Owned by two guys (for profit) and nobody (but the owners) knew where all the money was going.
Clubs and members paid their dues but got very little in return. Eventually the s**t hit the fan when everybody got fed up.
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Luis 1:26PM (12/10/2007)
I'm with Mr.Shelby. 8-9 years of asking for compliance is plenty. I'm sure they (Kopec & Eber) didn't mind making money off of the Shelby name.
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old lug nut 8:05PM (1/09/2008)
i'm an old lug nut. anyone who is - knows that SAAC has been %*%* 'ed up for YEARS.
i have gotton no info from them , wrong info from them etc. etc.
old lugs who restore have known for years not to get details from them.
info they gave as to what was correct and what wasn't is (what benefitted them most - not what was necessarily the true skinny),
i say good riddence , give Shelby back his Documentation (and whomever else they ripped off) then pass the info on to true - not for profit people.
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