SCOTUS Denies Petition Seeking Review of Ninth Circuit's 'Gone in 60 Seconds' Copyright Ruling

"The U.S. Supreme Court on Monday denied certiorari in Halicki v. Carroll Shelby Licensing, a case in which Denice Shakarian Halicki, widow of the creator of the "Gone in 60 Seconds" film franchise sought review of a U.S. Court of Appeals for the Ninth Circuit decision that held the car character "Eleanor," a customized Ford Mustang, was not entitled to copyright protection."

"According to the petition for writ of certiorari filed by Halicki, the case centered on "Eleanor," a customized 1967 Ford Mustang Fastback described as the centerpiece of the film franchise. The filing recounted that the character first appeared in the 1974 film Gone in 60 Seconds, created by H.B. "Toby" Halicki. The character also appeared in a 2000 remake that grossed over $230 million worldwide and was further defined by a custom combination of 12 distinctive physical features."

"Following the 2000 remake, Halicki filed a lawsuit against Shelby for copyright infringement involving a different custom car, the "GT500E," where the "E" stood for Eleanor. In that earlier case, the Ninth Circuit reversed a lower court's dismissal and noted in its 2008 opinion, Halicki Films, LLC v. Sanderson Sales & Mktg., that Eleanor appeared to fit the court's precedents on copyrightable characters. The appellate court observed that Eleanor is "visually depicted," "'display[s] consistent, widely identifiable traits,'" and "is 'especially distinctive.'""

Denice Shakarian Halicki sought Supreme Court review after the Ninth Circuit held that Eleanor, a customized Ford Mustang, is not entitled to copyright protection. Eleanor originated in the 1974 Gone in 60 Seconds and was featured in a 2000 remake defined by twelve distinctive physical features. Halicki alleged that Carroll Shelby Licensing and Classic Recreations infringed Eleanor's design by producing the GT500CR and earlier the GT500E. The Ninth Circuit had previously suggested Eleanor fit precedents for copyrightable characters, describing the car as visually depicted, displaying consistent, widely identifiable traits, and especially distinctive. The Supreme Court denied certiorari, leaving the Ninth Circuit decision in place.

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