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On May 27, 2025, the Ninth Circuit hit the brakes on an attempt to copyright one of Hollywood’s most iconic muscle cars: Eleanor, the Mustang featured in Gone in 60 Seconds. In Carroll Shelby Licensing, Inc. v. Halicki, the court ruled that Eleanor is not a protectable character under U.S. copyright law—no matter how fast she runs, or how fondly gearheads remember her.
As a former automotive engineer and longtime classic car enthusiast, this ruling hits close to home. I’ve restored a vintage Mustang. I’ve argued over Eleanor vs. Bullitt vs. General Lee. But when it comes to intellectual property, nostalgia and branding aren’t enough.
The Legal Takeaway: Props Aren’t People
The court applied the three-part Towle test, which evaluates whether a figure—human or not—deserves copyright protection as a character. Unlike the Batmobile (which passed with flying colors in 2015), Eleanor stalled:
- She lacks consistent identity—changing appearance and personality across films.
- She shows no agency or autonomy—no AI, no sentience, no loyal-sidekick traits.
- She’s visually appealing, but not conceptually distinctive—just another fast car in a heist film.
This case is a reminder: Not everything iconic is copyrightable. Intellectual property law protects expression, not cool stuff.
What This Means For You
Whether you’re an automaker, a film studio, or a toy company, the Halicki decision is good news if you build or sell replicas, style kits, or merchandise inspired by pop culture vehicles. But it also reminds rights holders to choose their IP tools wisely.
- Trademark > Copyright? When your design isn’t expressive enough for copyright, turn to trade dress or trademark law.
- Use Contracts to Lock It Down: Don’t rely on assumptions. Define exactly what’s protected in your licenses or settlement agreements.
- Think Like an Engineer, Draft Like Our Lansing, MI Copyright Filing Lawyer: If a car is going to be a character, give it traits. Not just horsepower.
At The Patent Baron PLLC, we help clients navigate the overlap of mechanical design, branding, and pop culture. From prototype to product launch, we protect your ideas like they’re museum-grade originals—because sometimes they are.
