The U.S. Supreme Court has declined to review a Ninth Circuit decision concerning the copyright status of “Eleanor,” the customized Ford Mustang prominently featured in the “Gone in 60 Seconds” films. This decision leaves in place the appellate court’s ruling that “Eleanor” does not qualify as a copyrightable character.
In the original 1974 “Gone in 60 Seconds,” directed by H.B. Halicki, “Eleanor” was depicted as a yellow 1971 Fastback Ford Mustang. The 2000 remake, produced by Denice Halicki, H.B. Halicki’s widow, featured a gray 1967 Shelby GT-500 Mustang under the same moniker. Despite the car’s recurring role, the Ninth Circuit determined that “Eleanor” lacked the consistent and distinctive traits necessary for character copyright protection. The court noted that the vehicle’s varying appearances and attributes across the films rendered it more akin to a prop than a character. ([caselaw.findlaw.com](https://caselaw.findlaw.com/court/us-9th-circuit/117303465.html?utm_source=openai))
This legal battle began when Denice Halicki filed lawsuits against entities, including Carroll Shelby Licensing, alleging unauthorized production and sale of “Eleanor” replicas. The Ninth Circuit’s ruling, now left undisturbed by the Supreme Court, concluded that the car did not meet the criteria established in DC Comics v. Towle for character copyright protection. ([news.bloomberglaw.com](https://news.bloomberglaw.com/ip-law/eleanor-mustang-collection-isnt-copyrightable-9th-cir-rules?utm_source=openai))
The Supreme Court’s refusal to hear the appeal effectively ends Halicki’s efforts to secure copyright protection for “Eleanor.” This outcome has significant implications for intellectual property law, particularly concerning the copyrightability of inanimate objects portrayed in films. ([thedrive.com](https://www.thedrive.com/news/judge-kills-eleanor-mustang-copyright-appeal-all-replicas-are-legal?utm_source=openai))
Legal professionals and entities involved in the production and merchandising of film-related products should take note of this decision. It underscores the importance of clearly defining and establishing the distinctive traits of a character to qualify for copyright protection. ([thefashionlaw.com](https://www.thefashionlaw.com/can-a-car-be-a-copyright-protected-character-ninth-circuit-says-no/?utm_source=openai))