Ninth Circuit Court Hands Winning Victory to Denice Halicki in Dispute with Carroll Shelby

LOS ANGELES, CA. November 13, 2008: Greines, Martin, Stein & Richland LLP announced that the Ninth Circuit Court of Appeals issued a published opinion in Halicki v. Carroll Shelby International et al., reinstating Denice Halicki’s case against Carroll Shelby and his fellow defendants.

In this long-awaited ruling, the Ninth Circuit reversed the District Court’s dismissal of Ms. Halicki’s case, ruling that she did have standing (the ‘rights’) to pursue her copyright and trademark claims against Carroll Shelby and the defendants.

The Ninth Circuit also provided guidance to the District Court on remand as to the copyrightability of the "Eleanor" car character and the ownership of the "Eleanor" and "Gone in 60 Seconds" trademarks. For the Court’s published opinion please go to GMSR NEWS

As alleged in the complaint, this dispute arose when without the authority, consent or knowledge of Ms. Halicki, the defendants, led by Carroll Shelby, entered into a scheme and conspiracy to manufacture, market and sell "knock offs" of "Eleanor," the leading lady star car character that reprised her starring role opposite “Memphis Raines” (Nicolas Cage) in the 2000 blockbuster remake “Gone in 60 Seconds.” In doing so, Ms. Halicki alleged 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 the famous leading lady "Eleanor" star car character are the brainchild of Halicki’s late husband, H.B. "Toby" Halicki, where “Eleanor” got her first starring role in the original 1974 Gone in 60 Seconds.

For information on the original and the remake “Gone in 60 Seconds” movies or the “Eleanors” please go to GONE IN 60 SECONDS