LOS ANGELES – A Tusla, Oklahoma business is accused of making replicas of the Shelby GT 350 and Shelby GT 500 cars without the permission to use the Shelby marks.
Carroll Shelby Licensing Inc. and the Carroll Hall Shelby Trust filed a complaint on Jan. 30 in the U.S. District Court for the Central District of California against US Restoration LLC and David Wayne Miller II alleging trademark infringement, false advertising and other counts.
According to the complaint, the plaintiffs sent a cease and desist letter to the defendants in 2014 regarding the use of the Shelby marks and negotiated licensing terms. The suit states the defendants breached the agreement and the plaintiffs terminated the agreement in December 2014.
The plaintiffs hold US Restoration LLC and Miller II responsible because the defendants allegedly continued to use plaintiffs' Shelby marks after the termination of the agreement.
The plaintiffs request a trial by jury and seek damages, three times the damages, profits, statutory damages of up to $2 million per counterfeit mark used, exemplary damages, injunctive relief, all legal fees and any other relief as the court deems just. They are represented by Robert F. Helfing and Caroline H. Mankey of Sedgwick LLP in Los Angeles.
U.S. District Court for the Central District of California Case number 2:17-cv-00737-ODW-SS