Summary:
Since the early 2000s, building a Shelby Mustang GT500 resembling “Eleanor” the movie car from Gone in 60 Seconds was legally risky due to lawsuits from Denise Halicki, widow of the film’s director. Halicki claimed that Eleanor was a copyrighted character and pursued multiple legal actions, including a high-profile case in 2020 against YouTuber Chris Steinbacher, who lost both the car and the case.
However, recent rulings have changed the landscape. In a major decision from the U.S. Court of Appeals for the Ninth Circuit, Halicki’s argument was rejected again. The judges concluded that Eleanor is not a character, let alone a copyrightable one. They stated, “Appellants’ argument stalls at the starting line,” signaling a definitive shift in legal opinion.
The court applied what’s known as the Towle test, which evaluates whether something qualifies as a character under copyright law. Eleanor failed all three parts: it lacks conceptual qualities, consistent traits, and distinctiveness. Judges compared Eleanor to the Batmobile—which is copyrightable due to its recognizable personality and appearance—and found Eleanor to be merely a prop, lacking any autonomy or identity beyond its role as a car.
The ruling emphasized that Eleanor appears in various forms across multiple films, with differing colors and styles, which further undercut any claim to character status. In contrast, vehicles like those in Pixar’s Cars or the Batmobile have consistent personalities and recognizable designs.
This decision favors Shelby, who originally collaborated with Ford to create the Mustang. The court also granted declaratory relief to Shelby, ensuring they can build similar vehicles without fear of infringing Halicki’s claims. While Halicki may continue legal efforts, the appeals court decision provides stronger legal backing for enthusiasts and automakers to recreate the iconic Eleanor-style Mustang.
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