Shelby’s Lawsuit Over Hollywood’s Most Famous Mustang Is Good News For Enthusiasts

Fans of the Gone in 60 Seconds movie franchise will be disappointed to learn that Eleanor, the headlining Ford Mustang Shelby GT500, is actually a prop rather than a leading character of both movies, and thus, in a major win for the Shelby Group, is not copyright protected. This is the official ruling from the U.S. Court of Appeals, no less, and formally closes a lawsuit that, incredibly, has been ongoing for more than 20 years, with the pursuit of money being the obvious motivator.

This judgment effectively allows Shelby, which provided the Shelby GT500 for the 2000 movie, to build licensed replicas of its customized 1967 Mustang fastback for sale. A blow to the defendant in the case, who has been rejecting attempts from Shelby and private companies alike since the remake was released.

The Reasons For The Copyright Lawsuit

As you’d imagine, this legal wrangling dates back quite a way between Carroll Shelby Licensing Inc. and Denice Halicki, the widow of H.B. Halicki. The late stuntman, who wrote and directed the original Gone in 60 Seconds – and featured its own Eleanor, in this case a 1971 Ford Mustang Sportsroof – released in 1974. After H.B. Halicki’s passing in 1989, copyright for the film was passed to Denice, who was then heavily involved with the Nicolas Cage and Angelina Jolie-starring remake in 2000.

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The 2000 remake has remained a cult classic ever since – despite the fact that it somehow lost $212 million – and it wasn’t too surprising when Ford/Shelby moved to reproduce its own GT500 replicas. Every time, Denice claimed this was a breach of copyright, as Eleanor appeared not only in both Gone in 60 Seconds movies, but also in The Junkman and Dead Auto Theft – ‘played,’ admittedly, by different models – written, directed and starring her late husband.

What This Means For Shelby

At the hub of the judge’s ruling is the Towle Test, which dates back to a legal dispute between DC Comics and a private engineering firm specializing in Batmobile replicas. It was ruled that this breached DC Comics’ copyright as the Batmobile featured very distinctive features (like the sliding canopy, an operational flamethrower, and, oh yes, a whacking great afterburner!), was capable of autonomy, and was thus considered a ‘character’ in the Dark Knight’s movie franchise. It’s why the Volkswagen Beetle in the Herbie the Love Bug movies is also considered a character, while the likes of Ghostbusters’ Ecto-1 and Back To The Future’s DeLorean DMC-12, though immediately recognizable, are not.

It’s also how Chevrolet was able to make a full-sized LEGO version of the Batmobile, as the American brand had the full backing of DC Comics to do so. This was ultimately why Eleanor is now legally a prop.

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Though stunning, featuring side-exit exhausts, valance-mounted headlamps, and the metallic gray finish with go-faster stripes, this customization process by Chip Foose was not considered “particularly unique” nor was it “distinct from other characters’ physical and conceptual traits.”

So there we are. If the long-awaited Gone in 60 Seconds sequel does eventually materialize, don’t be too surprised if the producers try to squeeze in a short scene featuring new Eleanor driving by herself and sporting a jet intake… Producer Jon Peters insisted that a giant metallic spider be included in Wild, Wild West, so stranger things have happened.

Sources: US Courts and Chrome Cars via The Drive