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
Oct 23, 2007 4:25 PM CDT
LOS ANGELES-- (BUSINESS WIRE) -- 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 ³Quitclaim
Agreement² 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 ³Gone in 60 Seconds,² entered into the
Quitclaim Agreement with Halicki to clear up and forever set the record
straight over Halicki¹s rights to the starring character ³Eleanor² from the
movie ³Gone in 60 Seconds,² 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 ³Eleanor,² the instantly-recognizable, and iconic ³souped
up² 1967 Fastback Ford Mustang, which is the ³signature² of the movie ³Gone
in 60 Seconds² 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 ³knock offs²
of ³Eleanor² to the public, billing the car as authentic ³Eleanors² from
³Gone in 60 Seconds.² In doing so, the complaint alleges that the defendants
knowingly and deliberately sought to capitalize on and exploit ³Eleanor¹s²
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 ³Eleanor.² Indeed, the movie and ³Eleanor² are the brainchild of
Halicki¹s late husband, H.B. ³Toby² Halicki, known to all in the movie and
automobile circles as ³The Car Crash King.²
The complaint further alleges that, despite their lack of any right or
interest in the character of ³Eleanor² or the movie, the defendants, in
particular Carroll Shelby, sought to mislead the public into thinking that
they had created ³Eleanor,² they owned a right to ³Eleanor² and that they
had the permission and authority of Halicki to produce and sell the ³knock
off² vehicles. The complaint alleges that Shelby went so far as to falsely
claim that he ³shares the rights with Disney for the Eleanor name.²
Moreover, even though the defendants knew that Halicki owned the rights to
³Eleanor² and ³Gone in 60 Seconds,² 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 ³Eleanor² cars.
According to Sanderson, when asked directly about contacting Halicki and
HPC, Carroll Shelby reportedly replied, ³If they sue me, I¹ll sue them right
back.²
Browne Woods & George LLP
Allan Browne, Esq.
310-274-7100
abrowne@bwgfirm.com
www.brownewoods.com
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