Car Builder Loses Mustang to Copyright

[MrBhp]

So this guy decides to build an "Eleanor", and document it on YouTube, and make money on said documentation, and is surprised that using a copyrighted name is a problem. I think he gets what he deserves. What do you think?

https://www.fordmuscle.com/news/b-is-for-build-loses-mustang-to-copyright/

 

[LikeabossTM]

So this guy decides to build an "Eleanor", and document it on YouTube, and make money on said documentation, and is surprised that using a copyrighted name is a problem. I think he gets what he deserves. What do you think?

https://www.fordmuscle.com/news/b-is-for-build-loses-mustang-to-copyright/

I think that allowing a given name to be trademarked in any context is fucking ridiculous. Fuck Eleanor industries or whoever it is AND fuck the US copyright office.

 

[Macman45]

Halicki's widow has gone off on the Eleanor trademark stuff in the last 15 years. She even sued Shelby. It's pretty ridiculous, especially since her husband's Eleanor was that yellow 73, aint nobody copying that one.

 

[tjm73]

Sure "Eleanor" is a given name a person might use. But once it's associated with a thing of value, a car in this case, when used in reference to that car or a replica or version, the name absolutely should be copyrighted/copyrightable. If Mustang wasn't copyrighted any dufus could make a car and a call it a Mustang or a Camaro or a LeSabre or LS1 or [insert any identifiable name].

Dude should have known better. He was clearly trying to profit off a known brand without paying for the right to do so to the brand owner.

No different than my casting up pliers and calling/selling them as Channel Locks. Names can have value. Manufacturers/creators have the right to make money of the product and the name is part of the product.

 

[MrBhp]

Halicki's widow has gone off on the Eleanor trademark stuff in the last 15 years. She even sued Shelby. It's pretty ridiculous, especially since her husband's Eleanor was that yellow 73, aint nobody copying that one.

Yeah, that was one ugly car. But...if someone holds a copyright, it's theirs to do with as they please. I thought it was hilarious that Shelby got pinched on that one. Carroll was very proactive in protecting his copyrights, and never hesitated for a second in sending a cease and desist. I hate the litigation, but you gotta protect what's yours.

 

[Dino Dino Bambino]

Eleanor tribute builds, like Coyote swaps into classic Mustangs, have been way overdone and aren't special anymore.
The guy could have built his own unique ride and chosen a name that hasn't already been copyrighted.

 

[MrBhp]

Eleanor tribute builds, like Coyote swaps into classic Mustangs, have been way overdone and aren't special anymore.
The guy could have built his own unique ride and chosen a name that hasn't already been copyrighted.

Exactly, just make it your own. Unless your building an ugly ass '73.

 

[Sky Render]

He had a YouTube channel. He was making money off of the Gone in 60 Seconds intellectual property. I'm not saying it's right, but that's the way Hollywood thinks.

If you or I built an Eleanor replica, we'd probably be ignored because it's not being done for profit.

 

[RavenGT]

Exactly, just make it your own. Unless your building an ugly ass '73.

Both the video and the article state it was inspired by the 67. And in my opinion, the 73 Mach is a damn good looking car.

 

[MrBhp]

Both the video and the article state it was inspired by the 67. And in my opinion, the 73 Mach is a damn good looking car.

Uh yeah. Your point?

 

[tjm73]

One could probably argue that building a "tribute" copy car for yourself, not to profit, falls under the Fair Use Doctrine.

 

[eighty6gt]

He only got smoked because that old hag didn't have enough money. There was to be no big run of poverty stricken youtube idiots making fake "elanors" to tarnish the legacy of a shitty car.

Oh well. Just another thing to hate humanity for, add it to the list growing daily.

 

[Anti]

"B is for build" is an awesome channel and guy took a s550 frame and drive train and put a 67 mustang body on it and tried to replicate something that inspired him. No one subscribed to his channel or watched it because he named the dumb thing Elanor. They went overboard and could he been kind and not confiscated the car or force home to delete all his videos. They could have had him redact or edit certain ones. It was a totally original build where the only mistake he made was try to match body panels of an iconic car that inspired him. While his channel does provide him a living and content, I don't think he was trying to rip anyone off. A cease and desist would have been good enough.

 

[JJ427R]

I got a bad taste of the Eleanor when a couple local people I knew had a very nice one they built several years ago, but thought it was the greatest car in the world and would get pissed when they wouldn't win at the local car shows. They'd always come by me and tell me they voted for my car, but I never voted for theirs because of how they acted... I haven't been to a car show in 3 years...

 

[tjm73]

Regardless. She exercised the rights that the law affords her. Let's not forget that before the courts seize property, there has usually been a chance to "make it right" or stop doing what you're doing. It's HIGHLY unlikely that the guy was blindly plodding along making videos and the Sheriff shows up one day out of the blue and says "The courts awarded this to someone. We're taking it".

There was a court case FOR SURE and he fought it and he lost. Or there was a court proceeding and he ignored it and a summary judgment was made. Dude knew this was coming and almost certainly had plenty of time and chances to stop it from happening.

 

[WNYGT5-0]

This just in...

Herbie replica owners country wide are having their cars seized by Disney. WB seizing General Lees, next up Bullit clones, Cobra clones, Ecto1 clones, Kit clones...

SMH...

Better not wear a cowboy hat while driving your black Trans AM.

 

[tjm73]

This just in...

Herbie replica owners country wide are having their cars seized by Disney. WB seizing General Lees, next up Bullit clones, Cobra clones, Ecto1 clones, Kit clones...

SMH...

Better not wear a cowboy hat while driving your black Trans AM.

Cobra the movie or the car?

 

[Dino Dino Bambino]

This just in...

Herbie replica owners country wide are having their cars seized by Disney. WB seizing General Lees, next up Bullit clones, Cobra clones, Ecto1 clones, Kit clones...

SMH...

Better not wear a cowboy hat while driving your black Trans AM.

 

[tabstang]

It's the law at work, equal protection for all - if I owned a copyright / patent etc. I would certainly want to be able to defend my rights to it. As to the remedy (giving up the car), sounds like it was a negotiated settlement rather than a "police seizure". I'd be curious to see what Ms. Halicki does with the car now. I agree with Dino, he could have built something better than "E" - I am a huge not-fan of those damn things ruining otherwise beautiful or unique 67-68 fastbacks.

 

[13v6]

You cannot trademark a movie character's name. Just ask JK Rowling how many people use here character names for all kinds of stuff. B is for Build must have made a car that looked way too much like the movie car. It seems he could have changed it up some and been fine. They must have gotten the car in lieu of paying cash to the owner. Personally, I think he needs a better lawyer.