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(The Drive)   If you don't know already, the trademark holder for the Ford Mustang named Eleanor in the Gone in 60 Seconds movie series will sue your ass down to the bone and even take your rolling chassis away if you even think of infringing   (thedrive.com) divider line
    More: Sad, Ford Mustang, Ford Motor Company, Fastback, legal dispute, Shelby Mustang, widow of the late H.B. Halicki, Hatchback, Ford Torino  
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2276 clicks; posted to Geek » on 03 Jun 2020 at 1:30 AM (6 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



41 Comments     (+0 »)
 
View Voting Results: Smartest and Funniest
 
2020-06-02 9:14:21 PM  
Ahh, the law. Troublesome wench. If you don't want to get sued, try not breaking it.  And don't pretend this is the little guy being downtrodden ---- try opening a company that makes watches called Rolex or start a band called the Rolling Stones  and see how much satisfaction you get. Car guys know this is copyrighted so why tempt fate. Get permission first.   Or gather enough political clout to change the copyright laws.
 
2020-06-02 9:36:17 PM  

colinspooky: Ahh, the law. Troublesome wench. If you don't want to get sued, try not breaking it.  And don't pretend this is the little guy being downtrodden ---- try opening a company that makes watches called Rolex or start a band called the Rolling Stones  and see how much satisfaction you get. Car guys know this is copyrighted so why tempt fate. Get permission first.   Or gather enough political clout to change the copyright laws.


All true, but I'd have assumed that the copyright for a Ford Mustang was owned by, you know, Ford. That someone can take a Mustang (IP owned by Ford) and give it a girls name and then somehow claim they own the entire thing? Bizarre. At most I'd have thought an order to not call it that name would have been possible.

But there is no doubt far more to this than TFA says. Maybe they did sue to get him to change the name and he ignored the judge? Fun fact: Judges really don't like being ignored.

Maybe Ford should step in and sue this woman for using their IP without permission?
 
2020-06-02 9:57:56 PM  
Fine.  I'll call mine Rigby.
 
2020-06-02 10:30:17 PM  
A film glorifying the theft of automobiles is seizing automobiles via the legal system instead.

Talk about killing off your street cred.
 
2020-06-02 10:34:09 PM  
And she should. That's how trademark law works.
 
2020-06-02 11:08:40 PM  
Why go to all that trouble just to copy a thing?
 
2020-06-02 11:18:59 PM  
 Homely Roosevelt is a catchy car name.

Go
With that.
 
2020-06-02 11:32:18 PM  
 
2020-06-02 11:36:32 PM  
I prefer the original.
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2020-06-03 12:33:55 AM  
What?
 
2020-06-03 1:56:34 AM  

Carter Pewterschmidt: But there is no doubt far more to this than TFA says. Maybe they did sue to get him to change the name and he ignored the judge? Fun fact: Judges really don't like being ignored.


I know nothing about the case, but I too would guess something along these lines; especially if the video was monetized. Might have been quite a bit of work to go back and 'un-say' Eleanor in all of the videos he had already posted, but if the alternative is getting the car seized...

I mean, she went after Carroll Shelby and won. This guy never really had a chance.
 
2020-06-03 2:19:40 AM  
Gee, I think that was not swell....
 
2020-06-03 2:25:15 AM  
As a judge, I would have to award this car to the estate of Edgar Allen Poe.  Clearly this is prior art.

AH, broken is the golden bowl!
The spirit flown forever!
Let the bell toll! - A saintly soul
Glides down the Stygian river!
And let the burial rite be read -
The funeral song be sung -
A dirge for the most lovely dead
That ever died so young!
And, Guy De Vere,
Hast thou no tear?
Weep now or nevermore!
See, on yon drear
And rigid bier,
Low lies thy love Lenore!
 
2020-06-03 2:26:47 AM  

colinspooky: Ahh, the law. Troublesome wench. If you don't want to get sued, try not breaking it.  And don't pretend this is the little guy being downtrodden ---- try opening a company that makes watches called Rolex or start a band called the Rolling Stones  and see how much satisfaction you get. Car guys know this is copyrighted so why tempt fate. Get permission first.   Or gather enough political clout to change the copyright laws.


The law wasn't really broken. It isn't that kind of law.  It's just copyright infringement.  Yes, I'm being pedantic as fark, but there it is.
 
2020-06-03 2:46:57 AM  
I understand forcing them to take down the videos but why take the car. It isn't illegal to make a personal replica you just can't sell it as a replica car.
 
2020-06-03 3:47:33 AM  
But what if it is clearly an Eleanor Rigby Tribute Car?
 
2020-06-03 4:02:40 AM  
I've always found that thing a tacky abomination.
 
2020-06-03 4:05:17 AM  

Nonrepeating Rotating Binary: But what if it is clearly an Eleanor Rigby Tribute Car?


best part, previously owned and driven by Toonces the Cat
 
2020-06-03 4:17:38 AM  

colinspooky: Ahh, the law. Troublesome wench. If you don't want to get sued, try not breaking it.  And don't pretend this is the little guy being downtrodden ---- try opening a company that makes watches called Rolex or start a band called the Rolling Stones  and see how much satisfaction you get. Car guys know this is copyrighted so why tempt fate. Get permission first.   Or gather enough political clout to change the copyright laws.


Ford Mustang- Serge Gainsbourg
Youtube PT6U57QkUe8
 
2020-06-03 4:35:27 AM  
The trademark owner got a lot of sand in his vagina
 
2020-06-03 4:50:23 AM  

RolandTGunner: I prefer the original.
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That's how it looked for the first 3 minutes of the chase, anyways.
 
2020-06-03 7:05:42 AM  

colinspooky: If you don't want to get sued, try not breaking it.


Or you could become a cop.

https://en.wikipedia.org/wiki/Qualifi​e​d_immunity
 
2020-06-03 8:22:19 AM  

Anenu: I understand forcing them to take down the videos but why take the car. It isn't illegal to make a personal replica you just can't sell it as a replica car.


My guess would be the guy was ordered to pay damages and the only thing he had of value that he was willing to give up was the car.  But that would only be a guess.
 
2020-06-03 8:44:02 AM  
I'll just continue to not have or want a Mustang
 
2020-06-03 8:46:16 AM  
And it still comes down to: "okay, I'll be nice and let you use the name this one time" and then the next person or company that tries has a legal standing to fight back and maybe win.

They say it is easier to ask for forgiveness after than for permission before - how did that work out this time?
 
2020-06-03 8:46:17 AM  

RolandTGunner: I prefer the original.
[Fark user image 747x270]


Well, that's almost what it looked like.  The original was yellow.  And, last I new, is still in the same state it was when filming was finished in the 1970's:  Front end all jacked up and not a smooth piece of bodywork anywhere in sight.  It still drives, but just barely.
 
2020-06-03 8:56:59 AM  

Bslim: I've always found that thing a tacky abomination.


Tacky Abomination is my Devo/Alice Cooper fusion band.
 
2020-06-03 9:16:12 AM  
"Should you want a trouble-free Eleanor Mustang, a few years ago Halicki OK'd the production of replica builds via an Oklahoma shop called Brand New Muscle Car."

Could one buy one of those, throw away the body, and build your own Eleanor body over it?
 
2020-06-03 9:20:29 AM  
"No, her name is Eleynore, so bite me"
 
2020-06-03 9:26:50 AM  

WelldeadLink: "Should you want a trouble-free Eleanor Mustang, a few years ago Halicki OK'd the production of replica builds via an Oklahoma shop called Brand New Muscle Car."

Could one buy one of those, throw away the body, and build your own Eleanor body over it?


Why would you want to?  Ugly AF.  I'm not a fan of the 70's body style, but that Nic Cage version is garbage.
 
2020-06-03 9:47:35 AM  
Wait..it's not even close to the likeness of the Eleanor from the movie.  Theirs had working AC, power windows and a backup camera.  You mean that there can't be two of the same kind of car.  I see grey Honda Odysseys all over the place.  Custom build or not.
 
2020-06-03 10:31:33 AM  
This really pisses me off. I had been following this build. The guy doesn't live too far from me. He has bult some rather interesting vehicles. He had hundreds of hours of work put into this car. It was a 2015 Mustang GT that was flooded that he was converting to a 67 and because of the name he gave it, someone else can claim ownership of it. It's asenine and just another representation of people abusing copyright.

He had 14 videos, each was about 30 minutes long. Yes, they were monetized, but he wasn't selling the car, or how to build one or the parts from it. It was him and a few friends building something awesome.

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All his hard work is now someone else's because of the name. WTAF?


But now I'm going to name my car Eleanor. So what if it's an '05 Subaru? It's now a '67 Mustang named Eleanor. Come and try and take it.
 
2020-06-03 12:01:58 PM  
What if he hadn't referred to it as 'Eleanor'? Would they still be able to take it? Because it looks like the body style was closer to the Nic Cage mustang than the original Eleanor. Paint it a different color, don't name it Eleanor, and what are they gonna do.
 
2020-06-03 12:17:52 PM  
The sad part here is, this was avoidable if this person had had proper legal consultation first.

It is all about the best kind of correct, when it comes to legal situations, technically correct is all that actually matters, the law completely allows  and will enforce the rights of people with poor behavior, based on technically correct.

Yes this person could have avoided this situation. And most anytime someone swoops in with lawyers, that probably could have been avoided had legal consultation been sought first.

IF
A: earning money independently, profits or not, but revenue of any kind. that should get legal consultation for your own protection.
B: you are engaging the public at scale(not smaller privately selected groups), either in person or via other mediums (you tube, twitter, your own private website), you should have legal consultation to know your liabilities and responsibility and risks.

If you let words come out your mouth to the public at large, that ain't free at all, that comes heaped with tons of potential for liability.

Free speech the fook ain't free it's actually quite risky.
And for sure free speech just can't actually be free, if some words, are in fact owned by someone and you can't actually just freely use them.
 
2020-06-03 12:42:26 PM  

MechaPyx: it looks like the body style was closer to the Nic Cage mustang than the original Eleanor.


I think that's the problem.  This guy goes around telling people the Cage version is "Eleanor", and people will get the idea that is where the thing originated from, instead of the real deal from the 1974 movie.
 
2020-06-03 1:10:06 PM  

lolmao500: The trademark owner got a lot of sand in his vagina


He died in the 1980s, so he probably has dirt in his vagina.  His wife, who enforces the patent, might have sand in hers.
 
2020-06-03 1:12:13 PM  
Why not just build it and call it Karen? Or Becky or that biatch Carole Baskin.........
 
2020-06-03 1:30:48 PM  

Remarkable_Anus: Why not just build it and call it Karen? Or Becky or that biatch Carole Baskin.........


He should totally build another one and call it 'Karen'.
 
2020-06-03 2:17:08 PM  
Moral of the story:  Build anything you want just don't call it Elenore.  Problem solved, right Hellenore?
 
2020-06-03 2:23:11 PM  

Linkster: Moral of the story:  Build anything you want just don't call it Elenore.  Problem solved, right Hellenore?


Build it, call it Eleanor. Just don't try to make money off of it.
 
2020-06-03 5:46:25 PM  

Dr Jack Badofsky: WelldeadLink: "Should you want a trouble-free Eleanor Mustang, a few years ago Halicki OK'd the production of replica builds via an Oklahoma shop called Brand New Muscle Car."

Could one buy one of those, throw away the body, and build your own Eleanor body over it?

Why would you want to?  Ugly AF.  I'm not a fan of the 70's body style, but that Nic Cage version is garbage.


This is a matter of law, not of logic.
 
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