It’s been a long anticipated result but now Denice Halicki can breathe a sigh of relief after being handed victory in her appeal to the Ninth Court in the dispute with Carroll Shelby over the names ‘Eleanor’ and ‘Gone In 60 Seconds’.
“In this ruling, the Ninth Circuit reversed the District Court’s dismissal of Ms. Halicki’s case, ruling that she did have standing 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.” You can see the Court’s published opinion HERE
The complaint arose when Carroll Shelby entered into a business relationship with Doug Hasty and Unique Performance. Ms. Halicki alleged the defendants knowingly and deliberately sought to capitalise 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.”
The ‘Eleanor’ name and ‘Gone In 60 Seconds’ were 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.”
Denice Halicki has recently joined forces with Classic Recreations LLC, allowing use of the ‘Eleanor’ and Gone In 60 Seconds’ names in building the only official recreations of the movie car from the 2000 blockbuster.
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