Browne Woods & George Announces That Disney's Hollywood Pictures Has Entered into a New ``Quitclaim'' with Halicki Triggering a New Lawsuit against Carroll Shelby & Unique Performance

LOS ANGELES--Denice Halicki, The Original Gone in 60 Seconds, LLC and Halicki Films, LLC filed a new lawsuit in the United States District Court for the Central District armed with a new “Quitclaim Agreement” and famed trial attorney Allan Browne of Browne Woods & George LLP. Mr. Browne filed the action on behalf of Halicki and her companies against Carroll Shelby, Carroll Shelby International, Inc., Carroll Shelby Licensing, Inc., Carroll Shelby Engineering, Inc., Carroll Shelby Motors, Inc., Carroll Shelby Distribution International, Inc., Carroll Hall Shelby Trust, Unique Performance, Unique Motorcars, Inc., and Sanderson Sales & Marketing for copyright and trademark infringement, Case No. CV-07-06859 SVW.

Hollywood Pictures Company (HPC), a subsidiary of the Walt Disney Company and producer of the 2000 remake of “Gone in 60 Seconds,” entered into the Quitclaim Agreement with Halicki to clear up and forever set the record straight over Halicki’s rights to the starring character “Eleanor” from the movie “Gone in 60 Seconds,” which also featured Nicolas Cage and Angelina Jolie. The Quitclaim Agreement absolutely confirms that Halicki, and not any other person or entity, owns the right, title and interest in and to all merchandising for “Eleanor,” the instantly-recognizable, and iconic “souped up” 1967 Fastback Ford Mustang, which is the “signature” of the movie “Gone in 60 Seconds” 2000 (www.gonein60seconds.com).

The complaint alleges that, without the authority, consent or knowledge of Halicki, the defendants, led by Carroll Shelby, entered into an improper and malicious scheme and conspiracy to manufacture, market and sell “knock offs” of “Eleanor” to the public, billing the car as authentic “Eleanors” from “Gone in 60 Seconds.” In doing so, the complaint alleges that the defendants knowingly and deliberately sought to capitalize on and exploit “Eleanor’s” fame from the movie, even though the defendants had no association with, participation in, or connection with the creation or development of the movie or “Eleanor.” Indeed, the movie and “Eleanor” are the brainchild of Halicki’s late husband, H.B. “Toby” Halicki, known to all in the movie and automobile circles as “The Car Crash King.”

The complaint further alleges that, despite their lack of any right or interest in the character of “Eleanor” or the movie, the defendants, in particular Carroll Shelby, sought to mislead the public into thinking that they had created “Eleanor,” they owned a right to “Eleanor” and that they had the permission and authority of Halicki to produce and sell the “knock off” vehicles. The complaint alleges that Shelby went so far as to falsely claim that he “shares the rights with Disney for the Eleanor name.” Moreover, even though the defendants knew that Halicki owned the rights to “Eleanor” and “Gone in 60 Seconds,” the defendants intentionally took no action to obtain a license from Halicki to merchandise the cars. Instead, as alleged in the complaint, Steve Sanderson, the principal of defendant Sanderson Sales & Marketing, met with defendant Carroll Shelby and officers of defendant Shelby companies, including Neil Cummings and John Luft, and Douglas Hasty, Chris Layne and Richard Kearby, the founders of the Unique defendants to discuss obtaining permission from Halicki and HPC to produce the “Eleanor” cars.

According to Sanderson, when asked directly about contacting Halicki and HPC, Carroll Shelby reportedly replied, “If they sue me, I’ll sue them right back.”