Welcome to the North American Subaru Impreza Owners Club Thursday April 17, 2014
Home Forums WikiNASIOC Products Store Modifications Upgrade Garage
NASIOC
Here you can view your subscribed threads, work with private messages and edit your profile and preferences Home Registration is free! Visit the NASIOC Store NASIOC Rules Search Find other members Frequently Asked Questions Calendar Archive NASIOC Upgrade Garage Logout
Go Back   NASIOC > NASIOC General > News & Rumors > Non-Subaru News & Rumors

Welcome to NASIOC - The world's largest online community for Subaru enthusiasts!
Welcome to the NASIOC.com Subaru forum.

You are currently viewing our forum as a guest, which gives you limited access to view most discussions and access our other features. By joining our community, free of charge, you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is free, fast and simple, so please join our community today!

If you have any problems with the registration process or your account login, please contact us.
* Registered users of the site do not see these ads.
Reply
 
Thread Tools Display Modes
Old 11-15-2008, 12:52 PM   #1
AVANTI R5
Scooby Guru
 
Member#: 73805
Join Date: Nov 2004
Default Ruling passed in Shelby “Eleanor” case

Quote:
Los Angeles, California - A California appeals court has ruled that a lawsuit against Carroll Shelby for copyright infringement on the “Eleanor” Mustang can go ahead. The court reversed a District Court’s dismissal of an earlier lawsuit, where Denice Halicki attempted to pursue her copyright and trademark claims against Shelby and his fellow defendants.


The lawsuit claimed that the film Gone In 60 Seconds and the famous “Eleanor” star car were the brainchild of H.B. “Toby” Halicki, Denise Halicki’s late husband, where Eleanor was introduced in the original 1974 Gone In 60 Seconds.
The Ninth Circuit court has ruled that Halicki does have standing to pursue her copyright and trademark claims, and proviced guidance to the District Court on remand as to the copyrightability of the car character, and ownership of the “Eleanor” and “Gone In 60 Seconds” trademarks.


As alleged in the complaint, 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”, without Halicki’s authority, consent or knowledge. Halicki alleged that the defendants knowingly and deliberately sought to capitalize and exploit the car’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 of Eleanor.
http://www.canadiandriver.com/thenew...eanor-case.htm
* Registered users of the site do not see these ads.
AVANTI R5 is offline   Reply With Quote
Old 11-15-2008, 06:17 PM   #2
greg donovan
Scooby Specialist
 
Member#: 60743
Join Date: Apr 2004
Chapter/Region: MWSOC
Location: Fargo, ND
Vehicle:
'95 Impreza L
dirty and on jack stands

Default

that is a very interesting situation for mr. shelby to find himself in considering his stance on cobra replicas.

you would think he would have covered the bases on something like this.
greg donovan is offline   Reply With Quote
Old 11-15-2008, 07:06 PM   #3
SQ3.0dotJP
Scooby Specialist
 
Member#: 136330
Join Date: Jan 2007
Chapter/Region: International
Location: Nippon, Yeay
Vehicle:
# OCCUPY

Default

Quote:
Originally Posted by greg donovan View Post
that is a very interesting situation for mr. shelby to find himself in considering his stance on cobra replicas.

you would think he would have covered the bases on something like this.
you call it interesting, i call it further pussification of america.
SQ3.0dotJP is offline   Reply With Quote
Old 11-18-2008, 01:56 AM   #4
greg donovan
Scooby Specialist
 
Member#: 60743
Join Date: Apr 2004
Chapter/Region: MWSOC
Location: Fargo, ND
Vehicle:
'95 Impreza L
dirty and on jack stands

Default

Quote:
Originally Posted by SQ3.0dotJP View Post
you call it interesting, i call it further pussification of america.
i dont follow. are you making some generalization about lawsuits in the US?

shelby was pissed that people were stealing his designs and making money off a name he made into a legend.

now this woman is pissed that someone is making money of something her husband created and made into a legend.

curious to see how mr. shelby likes being on the other end.

Last edited by greg donovan; 11-18-2008 at 01:00 PM. Reason: fixing relationship status
greg donovan is offline   Reply With Quote
Old 11-18-2008, 03:38 AM   #5
SQ3.0dotJP
Scooby Specialist
 
Member#: 136330
Join Date: Jan 2007
Chapter/Region: International
Location: Nippon, Yeay
Vehicle:
# OCCUPY

Default

Quote:
Originally Posted by greg donovan View Post
i dont follow. are you making some generalization about lawsuits in the US?

shelby was pissed that people were stealing his designs and making money off a name he made into a legend.

now this woman is pissed that someone is making money of something her father created and made into a legend.

curious to see how mr. shelby likes being on the other end.
no, the mustang shelby gt500 is legend in itself. whether you call it eleanor or turdsicle. what is Eleanor without shelby? just a name

and they guy is dead, why the **** does SHE deserve any money? did she coin the name or build the car?
SQ3.0dotJP is offline   Reply With Quote
Old 11-18-2008, 10:03 AM   #6
Jarvis
Scooby Specialist
 
Member#: 8267
Join Date: Jul 2001
Location: Houston
Vehicle:
2011 Outback 6MT
Black on Silver

Default

Quote:
Originally Posted by SQ3.0dotJP View Post
and they guy is dead, why the **** does SHE deserve any money? did she coin the name or build the car?
"The Ninth Circuit court has ruled that Halicki does have standing to pursue her copyright and trademark claims"

Because coyrights and/or trademark rights are passed down to relatives. The exact rules and terms vary, but I thinks it's for 70 years or something like that, and they can be renewed.
Jarvis is offline   Reply With Quote
Old 11-18-2008, 10:16 AM   #7
REX8
*** Banned ***
 
Member#: 24038
Join Date: Sep 2002
Chapter/Region: South East
Location: Godspeed Cale...
Default

Quote:
Originally Posted by SQ3.0dotJP View Post
no, the mustang shelby gt500 is legend in itself. whether you call it eleanor or turdsicle. what is Eleanor without shelby? just a name

and they guy is dead, why the **** does SHE deserve any money? did she coin the name or build the car?


Yes, she does. She owns the coined name.

Alternative answer:

Whereas Carroll took an existing car, dropped a different engine in it, and went suing everyone. You're ok with that?

"What is Eleanor without Shelby"? <-- that can be said for tons of copyrighted works.

Should the maker of the movie not be able to copyright it because it was based on a book?
REX8 is offline   Reply With Quote
Old 11-18-2008, 10:19 AM   #8
REX8
*** Banned ***
 
Member#: 24038
Join Date: Sep 2002
Chapter/Region: South East
Location: Godspeed Cale...
Default

Quote:
Originally Posted by SQ3.0dotJP View Post
just a name
Just like Cobra is a name...of course it is just a name. A name that has value. A name that is copyrighted.


Let's go open up a "McDonalds" without permission. It's just a name right?
REX8 is offline   Reply With Quote
Old 11-18-2008, 11:19 AM   #9
SQ3.0dotJP
Scooby Specialist
 
Member#: 136330
Join Date: Jan 2007
Chapter/Region: International
Location: Nippon, Yeay
Vehicle:
# OCCUPY

Default

Quote:
Originally Posted by REX8 View Post
Yes, she does. She owns the coined name.

Alternative answer:

Whereas Carroll took an existing car, dropped a different engine in it, and went suing everyone. You're ok with that?
no im not ok with shelby's sue happy ass either, karma maybe. suppose they used a yugo, do you think the movie would have been nearly as popular, or yugo sales would have gone through the roof?



Quote:
Originally Posted by REX8 View Post
Just like Cobra is a name...of course it is just a name. A name that has value. A name that is copyrighted.


Let's go open up a "McDonalds" without permission. It's just a name right?
the movie didnt make the car, the car made the movie IMO. seriously what do you think she is owed by her husband calling a shelby gt500 eleanor? it's just as absurd as Pat Riley getting paid anytime someone says 3-peat. i do say if they had to pay for the rights to use the car in the movie then yeah. tic for tac.



the more im thinking about it, yeah. some compensation is probably in order. but does anyone know the amount she is gunning for?
SQ3.0dotJP is offline   Reply With Quote
Old 11-18-2008, 11:59 AM   #10
Hondaslayer
Purified Dick
Moderator
 
Member#: 4562
Join Date: Feb 2001
Chapter/Region: NWIC
Location: Auburn, WA
Vehicle:
1995 Legacy LSi
1998 Forester, lifted.

Default

Quote:
Originally Posted by SQ3.0dotJP View Post
no im not ok with shelby's sue happy ass either, karma maybe. suppose they used a yugo, do you think the movie would have been nearly as popular, or yugo sales would have gone through the roof?



the movie didnt make the car, the car made the movie IMO. seriously what do you think she is owed by her husband calling a shelby gt500 eleanor? it's just as absurd as Pat Riley getting paid anytime someone says 3-peat. i do say if they had to pay for the rights to use the car in the movie then yeah. tic for tac.



the more im thinking about it, yeah. some compensation is probably in order. but does anyone know the amount she is gunning for?
Eleanor was a modified GT500. The modified part (and subesquent name) is what he is being sued for.
Hondaslayer is offline   Reply With Quote
Old 11-18-2008, 12:21 PM   #11
mapleleaf
Scooby Specialist
 
Member#: 103399
Join Date: Dec 2005
Chapter/Region: E. Canada
Location: Halifax, Nova Scotia
Vehicle:
2009 Stripped STI
Dirty White

Default

Old' Shel is all about making money off anything and everything these days.
He's pimped his "brand" to the highest level possible...........time to open the wallet.
mapleleaf is offline   Reply With Quote
Old 11-18-2008, 12:47 PM   #12
monovich
Scooby Specialist
 
Member#: 8124
Join Date: Jul 2001
Location: Denver, Colorado
Vehicle:
1998 Old Grey Mule
Regacy Rype R

Default

If I were that girl I'd have my hand out also. Its two people with money arguing about money. Nobody is getting hurt here.
monovich is offline   Reply With Quote
Old 11-18-2008, 01:53 PM   #13
Suby*Doo
Scooby Specialist
 
Member#: 148732
Join Date: May 2007
Chapter/Region: SCIC
Location: OC 949
Vehicle:
OT dates super
models. Deal with it

Default

I hate court cases and stuff and I still don't get this. Didn't they name every car in the movie after a girls name? It's just what he called the car. I don't see why people are so sue happy?
Suby*Doo is offline   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
New OT rules now in effect! These are for your own protection! rogue Off-Topic 175 11-10-2010 04:39 PM
EXCLUSIVE: DA in Duke Rape Case Asks to Be Taken off Case Janq Off-Topic 8 01-12-2007 10:16 PM
Anyone workout @ lifetime fitness in shelby or troy?? FreeBMW Mid West Subaru Owners Club Forum -- MWSOC 12 11-21-2006 05:31 PM
Who do I always pass in Nazareth in a SRP RS? 2.FIVEL Tri-State Area Forum 16 02-04-2003 12:25 PM
Tire width rule revision in STX yet? Cosworth Motorsports 27 11-16-2002 03:47 PM


All times are GMT -4. The time now is 07:14 AM.


Powered by vBulletin® Version 3.7.0
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Powered by Searchlight © 2014 Axivo Inc.
Copyright ©1999 - 2014, North American Subaru Impreza Owners Club, Inc.