Carroll Shelby Licensing (Shelby) Response to Dispute Over 'Eleanor' Trademark

LOS ANGELES, Oct. 29, 2004 -- Carroll Shelby Licensing, Inc. (Shelby), in response to a lawsuit filed by Denise Halicki alleging copyright infringement and trademark infringement over the use of the name "Eleanor" and the film title "Gone in 60 Seconds," states unequivocally that it does not intend to try this case in the press as Ms. Halicki has attempted to do.

Shelby is the owner of the trademark name "Eleanor" with the United States Patent and Trademark Office (Reg. #2,837,333). This clearly grants rights to the name "Eleanor(R)" for Class 12 products, which include automobiles, engines for automobiles and structural parts for automobiles. Shelby also owns the trademark for "Eleanor" toys, namely die-cast metal model cars.

The "Eleanor" vehicle currently is marketed and sold by Shelby licensee Unique Motorcars as the Shelby GT-500E. Shelby's right to market and sell the vehicle is clear and such actions do not constitute infringement of any alleged common law trademark rights which Ms. Halicki may have to the "Eleanor" name in connection with the production or sale of the movie "Gone in 60 Seconds."

Further, Shelby would like to point out that with respect to the movie title "Gone in 60 Seconds," Unique Motorcars has referenced the movie title in some of its advertising for the Shelby GT-500E. However, this use has been strictly in an historical context (i.e. noting in the ads that a car "similar to" the Shelby GT-500 was seen in the movie "Gone in 60 Seconds".)

Ms. Halicki's use of the Shelby car design and name trademarks to make and sell the movie "Gone in 60 Seconds" was never authorized by Shelby, which owns all of the Shelby trademarks used in the movie. Ms. Halicki is now on her third lawyer in four months and Shelby has responded to her previous lawyer, however Shelby was not contacted by her new lawyers prior to the filing of this lawsuit.

Shelby will vigorously pursue a counter-suit for trademark infringement and damages and considers Ms. Halicki's lawsuit frivolous and malicious.