Federal Judge Dismisses Lawsuit Against Shelby and Unique Performance
LOS ANGELES, Dec. 13, 2005 -- United States District Court Judge S. James Otero granted a Summary Judgment on November 15, 2005, bringing an end to the lawsuit filed by Denise Halicki and some of her business entities against Unique Motorcars, the parent company of Unique Performance, Carroll Shelby Licensing, Inc., a wholly owned subsidiary of Carroll Shelby International, Inc. , and Carroll Shelby. Unique Performance manufactures Shelby continuation G.T.500E and G.T.350SR cars at their state-of-the-art facility in North Texas.
"We feel that we have been vindicated by the court's decision and are glad to have this behind us," said Carroll Shelby, Chairman and Chief Executive Officer of Shelby Automobiles Inc.
The lawsuit claimed that Ms. Halicki, not Shelby, owned the trademark for "Eleanor(R)" as well as other trademarks. Judge Otero agreed that none of the claims made by Ms. Halicki against Unique Motorcars, or Shelby, including her claims of copyright and trademark infringement, were supported by the evidence. The Court also agreed that none of her legal theories were supportable and that she has no rights with respect to the automobiles built by Unique under license from Shelby, including the G.T.500E "Eleanor(R)" automobile.
"We're pleased that the court agreed that there was no merit to Ms. Halicki's claims," stated Douglas Hasty, President of Unique Performance. "Everyone on our team is satisfied with the outcome. We'll continue to build genuine Shelby automobiles, as we have for years, without having to divert our attention to the defense of Ms. Halicki's false accusations of wrongdoing."
Unique's trial attorney, Danny T. Morin, a partner at Parker Mills & Patel LLP, Los Angeles, Calif., was impressed with the depth of the analysis of Judge Otero's 28 page Order granting Unique Performance's Motion for Summary Judgment in its entirety.
"This is a perfect example of how well our court system can work if you are fortunate enough to have a thorough jurist," added Mr. Morin. "The Court took the time to analyze and apply the law to the undisputed facts, saving untold hours and dollars on a matter that cried out for dismissal on a summary basis, without the need for trial."
"We never understood how or why Ms. Halicki thought she had legal claims against Shelby or Unique, and we're pleased that Judge Otero has put an end to this," said M. Neil Cummings, Counsel for Carroll Shelby and Carroll Shelby Licensing Inc.
About Carroll Shelby International, Inc.
Carroll Shelby International, Inc. is the parent company of Carroll Shelby Licensing and Shelby Automobiles. Carroll Shelby Licensing Inc. Carroll Shelby Licensing, founded in 1988, is the exclusive holder of automotive manufacturer and entrepreneur Carroll Shelby's trademarks and vehicle design rights, which include some of the world's most famous muscle cars and high- performance vehicles. It also holds trademark rights for Shelby-branded apparel, accessories and collectibles. For additional information, call 310-914-1843 or visit www.carrollshelbyinternational.com or www.carrollshelby.com.
About Unique Performance, Inc.
Douglas Hasty, Chris Layne and Richard Kearby founded Unique Performance to create performance vehicles, including the Shelby continuation cars and limited edition American muscle cars designed by Chip Foose. Adept in all aspects of fabrication, restoration, racing preparation and development, the company's team has created award-winning vehicles for customers worldwide. In 2004, the company founded Unique Performance Products, which offers high performance automotive parts for 1960s era muscle cars. Additional information about Unique Performance, products and services is available at www.uniqueperformance.com.
