By: 24-7 Press Release
July 3, 2025
"The Patent Baron" Responds to Ninth Circuit's Eleanor Ruling
DETROIT, MI, July 03, 2025 /24-7PressRelease/ -- Classic car enthusiast and IP attorney J. Baron Lesperance, known professionally as The Patent Baron™, is applauding the Ninth Circuit's recent decision in Carroll Shelby Licensing v. Halicki, where the court held that Eleanor—the Mustang made famous in Gone in 60 Seconds—is not a protectable character under U.S. copyright law.
"This decision reinforces a key principle: you can't copyright cool," said Lesperance, who combines his background as an automotive engineer with a national IP practice focused on patents, trademarks, and licensing. "Eleanor is legendary among car lovers, but legally, she's just a prop—not a character."
The court emphasized that unlike the Batmobile, which had consistent features and a narrative role, Eleanor lacked coherence, personality, and distinctive expressive traits.
Lesperance noted that the ruling creates space for legitimate replica builders and limits overreach by rights holders seeking monopolies over film props. "From a legal engineering standpoint, this was the right call," he said. "Character protection requires depth, not just aesthetic appeal."
The Patent Baron encourages creators and brands to layer their IP protections: combine copyright, trademarks, trade dress, and smart contract drafting to preserve their rights—and avoid costly litigation.
To speak with J. Baron Lesperance about this ruling or other developments in intellectual property law, contact info@patentbaron.com or visit www.patentbaron.com.
About The Patent Baron PLLC
The Patent Baron, PLLC is a Howell, Michigan-based legal firm headed by J. Baron Lesperance, who combines over two decades of intellectual property law expertise with mechanical and electrical engineering knowledge. The practice offers strategic, practical legal assistance to inventors, businesses, and creative professionals seeking patents, trademarks, and copyrights. The firm specializes in developing and managing IP portfolios while providing focused protection for clients' creative works and brand assets.
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