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Carroll Shelby Sued over Elanor Production

LOS ANGELES -- Denice Halicki filed suit in Los Angeles Federal Court on Monday, October 25, 2004 against Carroll Shelby International, Inc. and Carroll Shelby for copyright infringement and trademark infringement of Ms. Halicki's rights to the film "Gone in 60 Seconds" and its feature character, a 1971 Fastback Ford Mustang named "Eleanor".
The plaintiff alleges that, without right or license, Defendants have been manufacturing, marketing and selling three motor vehicle versions of "Eleanor" as featured in "Gone in 60 Seconds", ranging in price from $90,000 to $150,000. Ms. Halicki is represented by Jeffrey S. Kravitz with the Los Angeles office of Lord, Bissell & Brook, LLP. Halicki vs. Carroll Shelby International, Inc., Case No. CV04-8813 SJO (PJWx).

Ms. Halicki seeks damages and punitive damages; and alleges unfair competition and intentional interference with prospective economic advantage, among other claims. Co-defendants in the case include: Carroll Shelby Licensing, Inc., Carroll Shelby Engineering, Inc., Carroll Shelby Motors, Inc., Carroll Shelby Distribution International, Inc., Carroll Hall Shelby Trust, Unique Motorcars, Inc., and Sanderson Sales & Marketing.

As alleged in the complaint, Denice Halicki is the widow of deceased movie and performance car personality H.B. "Toby" Halicki (Halicki). In 1974, Halicki wrote, produced, acted in, financed, directed and marketed the original film "Gone in 60 Seconds" and which starred a 1971 Fastback Mustang customized by Halicki to play "Eleanor," a 1973 Mach 1 Ford Mustang. "Eleanor" is a key part of the plot and is featured in a 40-minute chase scene widely praised by movie critics. An international box office success, "Gone in 60 Seconds" spawned "The Junkman" and "Deadline Auto Theft", which also feature "Eleanor."

Per the complaint, Halicki was killed on August 20, 1989 during a stunt sequence while filming "Gone in 60 Seconds 2" and which was to feature "Eleanor." In 1994, Ms. Halicki obtained all right, title and interest in the film "Gone in 60 Seconds" and "Eleanor." In 1995, she contracted to remake "Gone in 60 Seconds" and specifically retained her rights to the character "Eleanor" and received an executive producer credit. In 2000, Touchstone Pictures released the remake of "Gone in 60 Seconds" starring Nicholas Cage, Angelina Jolie and "Eleanor." Also in 2000, Ms. Halicki released the original "Gone in 60 Seconds" film and its sequels on DVD and VHS through her film and entertainment company, Halicki Films.

Toby and Denice Halicki, as described in the complaint, consistently maintained protection over the "Eleanor" character and marketed goods, including replicas of "Eleanor" and other "Eleanor"-branded merchandise. "Eleanor" was toured across the United States to promote the initial release of "Gone in 60 Seconds," and appeared at the first Long Beach Grand Prix.

For four months, "Eleanor" was featured as part of a Peterson Automotive Museum exhibit entitled "Great Cars of the Movies" and was one of the star attractions at the "California Classic Car Rally" and the "L.A. 2000 NASCAR Street Race." Carroll Shelby socialized with Denice Halicki at various car shows where she was exhibiting "Eleanor," and he was aware of Ms. Halicki's various activities to promote and market her legacy in "Eleanor," "Gone in 60 Seconds" and the other films.

In February 2004, Ms. Halicki alleges that she first became aware of the fact that Carroll Shelby and his co-Defendants were manufacturing and marketing unauthorized motor vehicles that are copies of "Eleanor" as featured in the "Gone in 60 Seconds" film, and were promoting the sale of three versions of "Eleanor" at prices ranging from $90,000 to $150,000. Ms. Halicki contacted Mr. Shelby to try and resolve the matter out of court, but he ignored her efforts.

"My late husband Toby Halicki made films about car thieves as a form of entertainment, not as a way of life," explained Denice Halicki. "His movies and "Eleanor" catapulted him to international fame and cult status as The Car Crash King. I was absolutely shocked to discover that someone who knows me would even dream of taking my intellectual property rights in 'Eleanor' and 'Gone in 60 Seconds,' but that's exactly what Carroll Shelby has done."

Added Ms. Halicki: "Carroll Shelby blatantly posed on the cover of Mustang Monthly, using the cachet and mystique of 'Eleanor' and 'Gone in 60 Seconds' to market and sell his cars, never once asking for my permission. Mr. Shelby should not be allowed to profit from his actions. I've filed this lawsuit to protect the integrity of Toby's legacy and to put a stop to his pirating of my intellectual property rights."

"Carroll Shelby has consciously engaged in a pattern of unfair and unlawful acts," stated Jeffrey S. Kravitz, "by misappropriating Denice Halicki's rights and property in 'Eleanor' and the 'Gone in 60 Seconds' film. Mr. Shelby's actions have clearly impacted Ms. Halicki's plans to expand her 'Eleanor' and 'Gone in 60 Seconds'-based business. We've filed this lawsuit against Carroll Shelby and his co-defendants to protect Ms. Halicki's intellectual property rights and to prevent the defendants from enriching themselves at her expense."

Ed. Note

Plaintiff Denice Halicki is CEO of Halicki Films and is based in Los Angeles, CA. She is represented by Jeffrey S. Kravitz with the Los Angeles office of Lord, Bissell & Brook, LLP.

Defendant Carroll Shelby's legal interests are represented by M. Neil Cummings of Los Angeles, CA.

Zastava_101

interesting

mr-mstng

I'm glad to see Shelby getting a taste of his own medicine. I hope he loses every last dime of profit. :notnice:

68notch

Yup. You said it best.

TMSBrad

The original Eleanor was a '71 made to look like a '73?

1 COBRA

This is one instance when prostituting his name might not turn profitable for Mr. Shelby.

Galaxie

What goes around comes around

2MFF

Where did you get this from? I've tried searching for it and came up with nothin

THRUST

What do you guys have against Carroll Shelby

scottie1113

Not a whole lot. I admired him when he was a driver and loved the Cobra when he built it back in the 60's. The only thing that frosts me about him is that at one point he tried to sue every Cobra replicar manufacturer so I guess as was pointed out above, what goes around comes around.

IIGood

Does she really have much to go on though? Because I could've sworn Sheby is calling "his" version of the movie car the GT500E.

burningman

i was thinking the same thing...I hope she takes him for everything he's worth

burningman

they are duplicates of the movie car made from the origianl molds so for the most part they are infringing. It's like someone printing out my photoshops and selling them as thier own work.

Plain and simple shlby is trying to make a profit from something he had ZERO to do with.

mr-mstng

they are duplicates of the movie car made from the origianl molds so for the most part they are infringing. It's like someone printing out my photoshops and selling them as thier own work.

Plain and simple shlby is trying to make a profit from something he had ZERO to do with. [/b][/quote]
I couldn't have said it better Doug.

You would think that ol' Shel would be pretty careful about this stuff.

future9er24

how come no one ever clones the ORIGINAL eleanor? <3

mr-mstng

Fight for Eleanor

The widow of the late H.B. “Toby” Halicki, producer of the 1974 film Gone in 60 Seconds, is suing Carroll Shelby International Inc. over the use of the name “Eleanor” to refer to the company’s Unique Performance Shelby GT500E, which is similar to the car in the movie (AW, Sept. 20). Denice Halicki alleges that her husband developed the Eleanor Mustang for the original film and that she owns all rights to the film and Eleanor name.

Shelby denies the claim and plans to countersue, alleging that he owns the Eleanor name and that Halicki’s use of it and the Shelby brand name to make and sell the movie was never authorized by Shelby.


Source: Autoweek

TK421

The Nicolas Cage version of Gone in 60, is supposed to be a modified GT500, Which Carrol Shelby had everything to do with. I Thought Carroll Shelby was just authenticating these restored Mustangs as GT500 versions. If anything I think Shelby should countersue, because she was trying to capitalize on the popularity of the GT500 in the new Gone in 60 version.

mr-mstng

Um, I don't think you understand. Shelby is the one trying to capitalize on the Gone in 60 Seconds popularity. Shelby didn't license the use of the name 'Eleanor' :nono: so he's getting sued..... and rightfully so! Also, since the car was built for Touchstone pictures, I'm sure they could take Shelby and Unique Performance to the cleaners if they so desired.

burningman

Shelby owns the Elanor name??? man i hope that old geezer gets his butt handed to him. What a Moron and a money grubbing jerk. Somone put him out of our misery already.

So shelby is saying that he owns the eleanor name and has owned itsince before Gone in 60 was ever made??? He's on crack!

heck If Mrs Halnicky hadn't authorized Touchstone to make te flick Shelby wouldn't even have a GT500E to sell. darn car thief, man i really hate him now

ItsNotABulliT

So what your saying is that this guy, who has been in business for years making a fortune off of these cars, didnt have the legal intuition to copyright or seek permission of the use of the name for his own sales tactics?

Is that true? If so, maybe he raced a little too much without his helmet ehh?