Carroll Shelby Licensing, Inc. v. Halicki

Ninth Circuit holds that custom Ford Mustang called "Eleanor," which appeared in four films from 1974 to 2000, is not entitled to character copyright protection under Towle test and that licensor of custom car design did not breach settlement agreement relating to rights in certain Eleanor-like designs, affirming in part and reversing in part district court's partial summary judgment and judgment after bench trial.

Defendant in this action, Denise Halicki, is the owner of copyrights to three films, Gone in 60 Seconds (1974), The Junkman (1982) and Deadline Auto Theft (1983). Halicki's husband directed, produced, acted in and marketed the 1974 version of Gone in 60 Seconds. In that film, the protagonist and his team are tasked with stealing 48 types of cars, with each car being assigned a feminine code name such as "Donna" or "Karen." A yellow 1971 Fastback Ford Mustang was assigned the name "Eleanor," and the protagonist steals four of them throughout the