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Copyright › Fictional Characters › Copyright Litigation

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Fenwick & West LLP

Ninth Circuit Pumps Brakes on Character Copyright Claim over Action Movie Car

Fenwick & West LLP on

In a new precedential decision, the Ninth Circuit Court of Appeals held in Carroll Shelby Licensing, Inc. v. Halicki that “Eleanor,” a stable of Ford Mustangs that appears across four action films, is not a copyrightable...more

Weintraub Tobin

(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim

Weintraub Tobin on

Can a car be a copyrightable character? In Carroll Shelby Licensing v. Halicki, the Ninth Circuit said no — ruling that “Eleanor,” the iconic Mustang from ‘Gone in 60 Seconds,’ lacks the distinctiveness and consistency...more

Weintraub Tobin

The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim

Weintraub Tobin on

Can a car be a copyrightable character? In Carroll Shelby Licensing v. Halicki, the Ninth Circuit said no — ruling that “Eleanor,” the iconic Mustang from ‘Gone in 60 Seconds,’ lacks the distinctiveness and consistency...more

Loeb & Loeb LLP

Enos v. The Walt Disney Company

Loeb & Loeb LLP on

District court grants Disney’s motion for summary judgment, holding it did not infringe plaintiffs’ copyright in blue-eyed ukulele-playing turtle character, but rather independently created its own musical turtle character,...more

Loeb & Loeb LLP

Carroll Shelby Licensing, Inc. v. Halicki

Loeb & Loeb LLP on

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...more

Procopio, Cory, Hargreaves & Savitch LLP

Gone from Copyright: Ninth Circuit Rejects Copyright Protection for Iconic “Eleanor” Shelby Mustang

Procopio, Cory, Hargreaves & Savitch LLP on

Court Narrows Scope of Character Copyright, Drawing Sharp Line Between Props and Protectable Expression - Not every film icon gets legal protection. On May 27, 2025, the Ninth Circuit ruled that Eleanor—the legendary Mustang...more

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