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for consulting, concept and design development, styling, scale-
model building and prototypes.”
The impression left by the foregoing statements is that an
ongoing marketing business involves the provision of a variety of
services, typically focused on a particular product or products,
to one or more third-party clients or strategic partners. A
marketing enterprise functioning as a going concern would have
advanced beyond the internal generation of a few potential
product concepts. However, materials in the record do not
reflect that, as of late 2003, the operations of Shrike Cars were
other than limited to having solicited interest, apparently
without material success, in several such concepts.
Furthermore, the variety of the concepts floated in the
various proposals and documents suggests that Shrike Cars’
efforts and eventual line of work or niche remained unfocused and
malleable even through 2003. Materials from the 1994 to 1995
period promote the idea of designing one-of-a-kind vehicles for
celebrities, of producing reduced-emission vehicles for
commercial applications, of redesigning existing vehicle models
for an overseas manufacturer, and of developing a motorcycle-
powered sports car. The 2003 proposal then relates to the
“development of a unique sports car made specifically for the
China market.” The proposal begins with a lengthy research and
development phase and does not appear to have drawn on or
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