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Jeff
Hagerty Employee

Don't call it Eleanor: Legal troubles for YouTube's B is for Build

Movie cars can be just as famous as the human stars on screen. Among the most recognizable movie cars is the 1967 Ford Mustang Shelby GT500 "Eleanor" from the 2000 remake of Gone in 60 Seconds. It turns out that building your own Eleanor clone can land you in legal trouble, as one YouTube creator found out this week. This case is not new, so let's look back at how B is for Build got into this mess.

 

Read the entire article on Hagerty.com:

https://www.hagerty.com/media/entertainment/dont-call-it-eleanor-legal-troubles-for-youtubes-b-is-fo...

16 REPLIES 16
knucklebusted
Intermediate Driver

Are we going to have to go all Molon Labe about our cars too? Geez!

KenO
Pit Crew

"Toby" was my uncle. My mother was his sister. Denice is a gold digger *****. "Toby" was a 'Bad Boy' and that is apparently what Denise wanted.

 

All of the 11 siblings put up a lot of money to finance "Toby's" Gone in 60 Seconds II. His death at the Tonawanda, NY industrial park shocked us all ... 

 

The legal battle with Denise to settle the 11 siblings' claim against the estate was finally settled less than a year ago.

Kahota
Passenger

Funny... Warner Bros didn't chase me around in my orange Charger.

Ragtop69
Intermediate Driver

So this is a further tale of how the lawyers have completely F'ed up America.  Send them back to college to get their social work degrees!

az57chevy
Pit Crew

So after building a replica, could the auction house then label it a tribute car or clone car and reference the treasured name of Eleanor?

60oldsguy
Passenger

This is a shameless money grab by Denice. Her "company" that builds the replicas for hundreds of thousands of dollars are nice, but nowhere worth the price. Anyone can build a similar quality car in their garage for 1/3 the cost. 

She finds anyone that is innocently building something similar to "Eleanor", waits until it is nearly built and then has her attorney send a threatening letter that they will be taken to court unless they pay a "licensing fee" of tens of thousands of dollars. I can't go into details, but that is exactly what happened to a family member who built an exquisite "1967 Mustang" that is 10x the car they build. They make money off the "licensing" and are not true, passionate car people. 

DaveD
Pit Crew

Somebody would have to have a lot of firepower to get my 67 mustang replica out of my barn. Seems ridiculous to me to be able to own the rights to a proper name!!

Bommer
Passenger

How the hell can companies sell the parts to make a eleanor but the person that buys the parts is the one at fault. It seems like the as said below gold digging bitch does not want to spend the money to go after the company that sold the parts it is far cheaper to go after the little guy that she feels that her lawyers can push over and get more bang for her buck.This would be like saying that we are not going to worry about the guy bringing drugs into our country but we are going to nail the user for buying a little bag of drugs. 

ElTaino
Passenger

That's because those parts are being made under a license from the witch. B's mistake was using Eleanor's name during his monetized YouTube videos.

Should have called the project something else as many people have built their own replicas but not making money of the building process.

I'm not on her side at all for the record. 

brb
Instructor

G is for Greed.

Momentrider88
Passenger

This copyright claim is garbage. Any good lawyer would have fought in court arguing "fair use" without permission due to the fact that they are referring to a publicly known entity. Every car guy knows the Eleanor name. You can't sue someone for using the Eleanor name any more than you could for every YouTube channel that mentions the Ford name then. So the  the issue is the making profit off the video that has the name Eleanor mentioned in it. I think that would fall under the "freedom of expression" clause of the first amendment. Film is art. Film is expression. You are taking this man's expression from him by saying what he can and cannot do with his art. Here is a perfect example. If the Eiffel Tower is copyright then is painting the Eiffel Tower copyright too? No. It's his interpretation. Shame he didn't get a better attorney. 

erik5oh
New Driver

Chances are the car was "seized" because B is for Build couldn't afford the legal battle. So he gave them the car and took down the videos to make the whole problem go away. And the video may have been monetized, but I'm willing to bet that most people who were watching were interested in how to turn a new Mustang into an old one. Most viewers could probably care less that it was an "Eleanor" clone. In the end it's going to work against Denice. She probably lost any support and fans she had, and due to the Streisand Effect, drove a ton more viewers to B is for Build. I'm one of them, I came to the channel because of the suit. I've enjoyed watching them build that latest 2015(?) Mustang into a 67 coupe.

dwmiller2
New Driver

Correct. The car was NOT "seized." It was offered up as part of the settlement by B is for Build. Giving it up was a conscious decision by them in lieu of money. It is illegal to make money off someone else's trademark and copyright. The Ninth Circuit Federal court has ruled that Eleanor is a movie character, not a car. Make Mickey Mouse for yourself and you're OK. Start selling them and Disney is going to sue you. It's real simple. B is for Build makes money off its YouTube channel. You can't monetize someone else's intellectual property. Love or hate her, Denice is just protecting what's hers. She's actually the nicest person in the world. Be honest. You'd do the same if you owned the rights to Eleanor.
mlw19mlw91
Passenger

We can send them a message @ http://eleanor-mustang.com or call them @

1-844-737-8666. They also have an address : Brand New Muscle Car 502 N. Redbud Avenue Broken Arrow, OK 74012
dwmiller2
New Driver

Incorrect. Brand New Muscle Car and www.eleanor-mustang.com (a BNMC website) had nothing to do with the B is for Build legal situation. We had never even heard of them until this mess started up. BNMC is a shop. We build cars. We don't sue people. Eleanor is owned by Eleanor Licensing LLC and Denice Halicki. www.gonein60seconds.com. We are NOT part of Eleanor Licensing or Denice Halicki’s other companies. Please direct your anger elsewhere. info@gonein60seconds.com. Have a good day. FYI. Thank you sir, David Miller.
dwmiller2
New Driver

All, Good afternoon. BNMC had nothing to do with the legal situation with B is for Build. We had never even heard of them until people started contacting us. Eleanor is owned by Eleanor Licensing LLC and Denice Halicki. www.gonein60seconds.com. We are NOT part of Eleanor Licensing or Denice Halicki’s other companies. We build cars, we don’t sue people, simple. Please direct your anger elsewhere. info@gonein60seconds.com. Have a good day. FYI. Thank you, David Miller. BNMC