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Triggering a New Lawsuit against Carroll Shelby & Unique Performance

 

Last update: 5:25 p.m. EDT Oct. 23, 2007

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LOS ANGELES, Oct 23, 2007 (BUSINESS WIRE) -- Denice Halicki, The Original Gone in 60 Seconds, LLC and Halicki Films, LLC filed a new lawsuit in the United States District Court for the Central District armed with a new "Quitclaim Agreement" and famed trial attorney Allan Browne of Browne Woods & George LLP. Mr. Browne filed the action on behalf of Halicki and her companies against Carroll Shelby, Carroll Shelby International, Inc., Carroll Shelby Licensing, Inc., Carroll Shelby Engineering, Inc., Carroll Shelby Motors, Inc., Carroll Shelby Distribution International, Inc., Carroll Hall Shelby Trust, Unique Performance, Unique Motorcars, Inc., and Sanderson Sales & Marketing for copyright and trademark infringement, Case No. CV-07-06859 SVW.

Hollywood Pictures Company (HPC), a subsidiary of the Walt Disney Company and producer of the 2000 remake of "Gone in 60 Seconds," entered into the Quitclaim Agreement with Halicki to clear up and forever set the record straight over Halicki's rights to the starring character "Eleanor" from the movie "Gone in 60 Seconds," which also featured Nicolas Cage and Angelina Jolie. The Quitclaim Agreement absolutely confirms that Halicki, and not any other person or entity, owns the right, title and interest in and to all merchandising for "Eleanor," the instantly-recognizable, and iconic "souped up" 1967 Fastback Ford Mustang, which is the "signature" of the movie "Gone in 60 Seconds" 2000 ( www.gonein60seconds.com).

The complaint alleges that, without the authority, consent or knowledge of Halicki, the defendants, led by Carroll Shelby, entered into an improper and malicious scheme and conspiracy to manufacture, market and sell "knock offs" of "Eleanor" to the public, billing the car as authentic "Eleanors" from "Gone in 60 Seconds." In doing so, the complaint alleges that the defendants knowingly and deliberately sought to capitalize on and exploit "Eleanor's" fame from the movie, even though the defendants had no association with, participation in, or connection with the creation or development of the movie or "Eleanor." Indeed, the movie and "Eleanor" are the brainchild of Halicki's late husband, H.B. "Toby" Halicki, known to all in the movie and automobile circles as "The Car Crash King."

The complaint further alleges that, despite their lack of any right or interest in the character of "Eleanor" or the movie, the defendants, in particular Carroll Shelby, sought to mislead the public into thinking that they had created "Eleanor," they owned a right to "Eleanor" and that they had the permission and authority of Halicki to produce and sell the "knock off" vehicles. The complaint alleges that Shelby went so far as to falsely claim that he "shares the rights with Disney for the Eleanor name." Moreover, even though the defendants knew that Halicki owned the rights to "Eleanor" and "Gone in 60 Seconds," the defendants intentionally took no action to obtain a license from Halicki to merchandise the cars. Instead, as alleged in the complaint, Steve Sanderson, the principal of defendant Sanderson Sales & Marketing, met with defendant Carroll Shelby and officers of defendant Shelby companies, including Neil Cummings and John Luft, and Douglas Hasty, Chris Layne and Richard Kearby, the founders of the Unique defendants to discuss obtaining permission from Halicki and HPC to produce the "Eleanor" cars.

According to Sanderson, when asked directly about contacting Halicki and HPC, Carroll Shelby reportedly replied, "If they sue me, I'll sue them right back."

 

FEDERAL COURT UPHOLDS JURY VERDICT THAT SHELBY BREACHED LICENSING AGREEMENT WITH WILHELM MOTOR WORKS

 

WOODLAND HILLS, CA – May 22, 2007 – Carroll Shelby Licensing, Inc. received a setback in its ongoing lawsuit against Jon Wilhelm and Wilhelm Motor Works, when a federal court judge recently upheld the jury verdict of last January that Shelby breached its licensing agreement with Wilhelm. The same jury had also found that Shelby breached the covenant of good faith and fair dealing concerning its contractual dealings with Wilhelm. Shelby had attempted to overturn the jury’s verdict, arguing that Jon Wilhelm had tried to find a work-around after Shelby ’s breach, thereby negating Shelby ’s egregious behavior. The Quintana Law Group, attorneys for Wilhelm, argued that no legal or factual basis existed on the record to upset the jury’s verdict as to Shelby ’s breach of contract. The federal judge ruled in Wilhelm’s favor.

 

The Shelby vs. Wilhelm case went to trial last January. The case involved a license agreement given to Wilhelm by Shelby to convert an unlimited number of Ford Mustangs, bearing the Shelby name and marks (G.T.350C, G.T.500C, G.T.350CR, G.T.500CR – for convertibles and retractable hardtop Mustangs) along with associated products and memorabilia. Five causes of actions went to the jury, which returned a verdict on January 30, 2007 . Wilhelm prevailed against Shelby on his claim that Shelby breached the licensing agreement and breached the implied covenant of fair dealing concerning the agreement. Wilhelm also defeated Shelby ’s invasion of privacy claim. While the jury found Wilhelm infringed on Shelby trademarks, Wilhelm is determined to reexamine that issue on appeal. “We are pleased that the federal judge upheld the jury’s verdict that Shelby breached its licensing agreement with my company”, says Jon Wilhelm, President of Wilhelm Motor Works, “and we look forward to further challenges at the appellate level.” Wilhelm’s team of attorneys from the Quintana Law Group of Woodland Hills , CA consisted of Andres Quintana, John Houkum, and Daniel Taylor. “I couldn’t be more pleased with my attorneys”, said Wilhelm. “We faced and overcame several adversities during the course of this litigation. My team did a great job.”

About Wilhelm Motor Works

 

Wilhelm Motor Works was founded to restore and build premium classic cars, including several variations of the G.T. Mustangs, for an exclusive clientele. Expert in all aspects of fabrication, restoration, design and development, the Companys team founded and created the continuation Mustang program, capturing worldwide attention and awards at prestigious auto shows and races. The Wilhelm Motor Works team of craftspeople fulfills the dreams of discerning collectors and enthusiasts at its West Coast facility. Wilhelm is currently working on retractable hardtop Mustangs as his own design. Additional information about Wilhelm Motor Works, products, services, and memorabilia is available at www.WilhelmMotorWorks.com.

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Gee Mike, why don't you tell us what your point is?

 

 

 

 

Who cares what some dork from Canada point is. :hysterical2:

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Who cares what some dork from Canada point is.

 

 

was in my driveway on Sunday doing some outside work, it was 55 degree's and sunny just a great day. Had the garage door open and my very kool Shelby GT sitting there, when here comes the neighborhood snoopy guy, you all know him.....every hood has one, he's the guy that calls the cops when somebodys dog poops on his lawn, telling his neighbors that they should cut there lawn sooner etc. Well anyway, he comes up the driveway and goes "WOW"....."a Shelby GT"......"those things are like 700HP"! I couldn't resist it I just said, in a kool manner of course, Yeeeeeah. And it was Sunday on top of it..........I feel really bad I think the only way I will feel better is if I see dork wad out on his front lawn and I'm in the Shelby is to smoke'm right in front of his house. We're moving December 1st anyway.

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