Tabberone is pronounced tab ber won not tay ber own

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Shelby Ford v Superperformance, 251 F. Supp. 2d 983 (D. Mass. 2002), PLAINTIFF: Shelby designed the original Cobra during the 1960s. The Ford Motor Company registered several Cobra marks for use with its marketing and sales of automobiles. DEFENDANT : Superformance Int'l., Inc. began to sell a "rolling chassis" in 1996, identical to the Cobra shape, often with Cobra emblem badges. Shelby was unable to establish that the Cobra shape was distinctive so dilution claims also failed as a matter of law. A product's design can never be inherently distinctive as a matter of law so Trade Dress failed. Ford's trademark registration did not include a "rolling chasis" so Trademark Counterfeiting failed. And so forth. District Court concluded Defendant's motions for summary judgment on trade dress infringement and trade mark counterfeiting should be granted, dismissing those charges. Plaintiffs' motions for summary judgment on trademark infringement were denied.