More News re lawsuit against Carroll Shelby
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DENICE HALICKI ASKS COURT TO STOP CARROLL SHELBY FROM BRANDING AND
MARKETING HIS LINE OF HIGH-END RETROFITTED FORD MUSTANGS WITH THE NAME
"ELEANOR" FROM THE CLASSIC FILM GONE IN 60 SECONDS
Los Angeles, CA (November 15, 2004) - Denice Halicki filed an
amended complaint today in Los Angeles Federal Court, asking the Court
to stop defendant Carroll Shelby from branding and marketing his line of
high-end, retrofitted Ford Mustangs with the name "Eleanor" from the
classic film Gone in 60 Seconds. Ms. Halicki claims that she and her
husband, the late filmmaker H.B. "Toby" Halicki, were the first to use
the Eleanor and Gone in 60 Seconds marks, and that Mr. Shelby has no
right to market Eleanor-branded vehicles and merchandise without her
permission. She seeks an order from the Court that would instruct the
US Patent and Trademark Office to cancel and invalidate trademarks which
she alleges were wrongfully obtained by the Defendants. 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 is the CEO of Halicki Films and filed suit on October
25, 2004 for copyright and trademark infringement of her rights to the
film Gone in 60 Seconds and its feature character Eleanor against
Carroll Shelby, Carroll Shelby International, Inc. (OTC-CSBI) (Bulletin
Board: CSBI), Carroll Hall Shelby Trust and Unique Motorcars, Inc.,
among others. In February 2004, Ms. Halicki alleges that she discovered
that the Defendants were manufacturing and marketing unauthorized motor
vehicles which are copies of the character Eleanor featured in Gone in
60 Seconds, and which sell at prices ranging from $90,000 to $150,000
each. She claims that the Defendants have further expanded their
exploitation of her Eleanor trademark by marketing bronze scale models
of Eleanor and selling them for $5,900 apiece; selling Eleanor clothing;
selling posters of Mr. Shelby and Eleanor; licensing Eleanor to Quaker
State Motor Oil; and made a race car with the names Gone in 60 Seconds
and Eleanor on it.
In 1974, Toby Halicki wrote, produced and directed the original film
Gone in 60 Seconds which starred Eleanor, a 1971 Fastback Mustang that
he customized to become a Mach 1 Fastback Mustang. In 1989, Toby was
tragically killed during a stunt sequence while filming Gone in 60
Seconds 2, which also featured Eleanor. In 1994, his widow Denice
Halicki obtained all right, title and interest to the original film Gone
in 60 Seconds and Eleanor from her husband's estate. In 1995, Ms.
Halicki contracted to remake Gone in 60 Seconds and was an executive
producer. In 2000, the remake of Gone in 60 Seconds was released
starring Nicholas Cage, Angelina Jolie and Eleanor.
Since 1974 the Halickis consistently maintained control and
protection over the Eleanor character
and Gone in 60 Seconds. Ms. Halicki sells model toys of Eleanor and
other Eleanor- and Gone in 60 Seconds-related merchandise, including
DVDs and VHS tapes of the original Gone in 60 Seconds and its popular
sequels The Junkman and Deadline Auto Theft. Eleanor toured the United
States to promote the initial release of Gone in 60 Seconds, and
appeared at the first Long Beach Grand Prix. A star attraction at both
the California Classic Car Rally and the L.A. 2000 NASCAR Street Race,
Eleanor was also, for four-months, one of the stars of the Peterson
Automotive Museum's "Great Cars of the Movies" exhibit.
Even though Ms. Halicki is the first and prior user of the Eleanor
mark, Defendant Carroll Hall Shelby Trust registered the Eleanor
trademark in 2004 with the US Patent and Trademark Office, registration
number 2837333 for "vehicles, namely, automobiles, engines for
automobiles, and structural parts for automobiles". Shelby also applied
for a registration for the Eleanor trademark for "toys, namely, die-cast
metal model cars" in 2001, which has not yet been registered.
Additionally, Plaintiff seeks to have the Court declare Shelby's claim
that registration of the "GT-500" trademark does not permit it to
market Eleanor-branded vehicles because Ms. Halicki owns the Eleanor mark.
"It has been deeply disturbing to me that Carroll Shelby has taken
my Eleanor and has been using her fame and popularity to put millions of
dollars in his pocket," said Denice Halicki. "Carroll Shelby is
definitely not dealing fair and square, and I won't allow him to tarnish
the legacy that my late husband Toby created nor will I allow him to
stand in the way of moving forward with my own plans for Eleanor and
Gone in 60 Seconds. I hope that he will meet me at the settlement
table, but he needs to know that I don't intend to let him or anyone
else get away with violating my rights."
"Carroll Shelby is interfering with Denice Halicki's reasonable
expectation of prospective economic advantage from the use of her
intellectual property rights in Eleanor and Gone In 60 Seconds,
"explained Jeffrey S. Kravitz. She was 'up to bat first' and the
Defendants had no business registering any kind of mark with the US
Patent and Trademark Office in violation of her prior rights. That's
why we amended the complaint and will ask the Court to revoke Mr.
Shelby's trademark registrations and why we will 'step up to the plate'
to oppose any other Eleanor- or Gone in 60 Seconds-related marks that
the Defendants might attempt to register."
Plaintiff Denice Halicki is CEO of Halicki Films
(www.gonein60seconds.com) and is based in Los Angeles, CA. She is
represented by Jeffrey S. Kravitz with the Los Angeles office of Lord,
Bissell & Brook, LLP (www.lordbissell.com); Tel: 213.485.1500.
Defendant Carroll Shelby's (www.carrollshelby.com) legal interests are
represented by M. Neil Cummings of Los Angeles, CA; Tel. 310.914.1849.
Editor's Note #2
Also named as Defendants are: Carroll Shelby Licensing, Inc., Carroll
Shelby Engineering, Inc., Carroll Shelby Motors, Inc., Carroll Shelby
Distribution International, Inc., Unique Performance, Inc. and Sanderson
Sales & Marketing.