May 17, 2007

As argued in her brief to the U.S. Court of Appeals for the Ninth Circuit, Denice Halicki contends that her trademarks to the original movie “Gone in 60 Seconds” and the “star” car of the movie (“Eleanor”) extend to the 2000 version of “Gone in 60 Seconds” and that Carroll Shelby and Unique Performance infringe her copyrights and trademarks. This appeal comes after the U.S. District Court for the Central District of California in Los Angeles granted summary judgment against Halicki in 2005, and according to The Auto Channel article (link below), summary judgment was granted even though Halicki has maintained common law trademark rights for 33 years, and that she, and not Disney (the producer of the 2000 movie remake), maintained rights in the “Eleanor” mark via agreement with Disney. Shelby and Unique Performance, the defendants in the original suit, obtained summary judgment in their favor in part by arguing that Halicki lacked standing, and that Disney, and not Halicki, owned rights to the “Eleanor” trademark. Halicki currently runs a website (gonein60seconds.com, link below) to sell related merchandise, and Shelby has teamed with Unique Performance to sell Shelby G.T. 500E replica vehicles on the unique performance website (link below). The Carroll Hall Shelby Trust owns U.S. Trademark Reg. No. 2,837,333 for “Eleanor” in IC 012 (US 019, 021, 023, 031, 035 and 044) for “VEHICLES, NAMELY, AUTOMOBILES, ENGINES FOR AUTOMOBILES, AND STRUCTURAL PARTS FOR AUTOMOBILES.”

The Auto Channel Article: LINK
Gonein60seconds.com Website: LINK
Unique Performance Website: LINK
U.S. Trademark Reg. No. 2,837,333: LINK

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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