- Feb 1, 2008
Carroll Shelby files lawsuit against SAAC to enforce agreement
From the "Don't Tick Off Carroll Shelby Department" comes the continuing saga which is the SAAC vs. the performance Mustang patriarch. We told you earlier about the feud between Shelby and SAAC owners Rick Kopec and Ken Eber over the cancellation of the Shelby club's license, and as of yesterday, the contract officially expired. Since the SAAC's license is now void and Shelby owns the trademark to the SAAC name, the Texas tornado has filed a lawsuit to ensure Kopec and Eber follow the original 1999 contract both before and after its termination. That includes everything from ceasing to use the Shelby name to handing over financial documents over to Shelby Licensing.Shelby explained his reasoning for pulling the license back in December, stating that Kopec and Eber had ignored Shelby's requests to follow the licensing agreement. Shelby also accused the two of selling memorabilia that was loaned to the club by Shelby, which may explain why Shelby wants to inspect the club's books. To prove that this whole mess wasn't about money, Shelby has offered other clubs the use of his name for $1 per year. We're hoping that the 5,000 members of the SAAC can find a new club to find home, but at $1 per year, the stranded members can start their own club. Check out Shelby's press release after the jump.
[Source: Shelby Licensing]
Gardena, Calif. – January 31, 2008 – Carroll Shelby Licensing Inc., (CSL) and Carroll Hall Shelby Trust (Shelby Trust) filed a lawsuit in Los Angeles Superior Court on January 29, 2008, against the organization formerly known as the Shelby American Automobile Club (SAAC), which is owned and operated by Ken Eber and Rick Kopec. In the lawsuit, CSL and the Shelby Trust filed for Declaratory Relief, Breach of Contract and Preliminary and Permanent Injunction against the organization owned by Eber and Kopec.
As outlined in a news release dated December 7, 2007, CSL announced that it had determined not to renew its written license agreement with the organization then known as SAAC. That decision was based, among other business considerations, on a continued disregard for the license agreement requirements. The annual, year-to-year agreement was personally signed by Eber and Kopec on behalf of their club in 1999.
In light of the organization's repeated claims that it did not recognize, and even had no intention of recognizing the termination of the licensing agreement and that it planned to continue the unauthorized use of trademarks owned by the Shelby Trust and licensed exclusively by CSL, officials with the Shelby Trust and CSL had no other recourse than to file suit. In their filing, CSL and the Shelby Trust seek a declaration from the court that will compel the enforcement of the terms of the licensing agreement both before and after its termination.