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Denice Halicki Sues Carroll Shelby for Alleged Violation of Her Rights to the Film ``Gone in 60 Seconds'' and Its Feature Character ``Eleanor''

LOS ANGELES--Oct. 2, 20047, 2004--Denice Halicki filed suit in Los Angeles Federal Court on Monday, October 25, 2004 against Carroll Shelby International, Inc. (OTCBB:CSBI) and Carroll Shelby for copyright infringement and trademark infringement of Ms. Halicki's rights to the film "Gone in 60 Seconds" and its feature character, a 1971 Fastback Ford Mustang named "Eleanor". Plaintiff alleges that, without right or license, Defendants have been manufacturing, marketing and selling three motor vehicle versions of "Eleanor" as featured in "Gone in 60 Seconds", ranging in price from $90,000 to $150,000. Ms. Halicki is represented by Jeffrey S. Kravitz with the Los Angeles office of Lord, Bissell & Brook, LLP. Halicki vs. Carroll Shelby International, Inc., Case No. CV04-8813 SJO (PJWx).

Ms. Halicki seeks damages and punitive damages; and alleges unfair competition and intentional interference with prospective economic advantage, among other claims. Co-defendants in the case include: Carroll Shelby Licensing, Inc., Carroll Shelby Engineering, Inc., Carroll Shelby Motors, Inc., Carroll Shelby Distribution International, Inc., Carroll Hall Shelby Trust, Unique Motorcars, Inc., and Sanderson Sales & Marketing.

As alleged in the complaint, Denice Halicki is the widow of deceased movie and performance car personality H.B. "Toby" Halicki (Halicki). In 1974, Halicki wrote, produced, acted in, financed, directed and marketed the original film "Gone in 60 Seconds" and which starred a 1971 Fastback Mustang customized by Halicki to play "Eleanor," a 1973 Mach 1 Ford Mustang. "Eleanor" is a key part of the plot and is featured in a 40-minute chase scene widely praised by movie critics. An international box office success, "Gone in 60 Seconds" spawned "The Junkman" and "Deadline Auto Theft" which also feature "Eleanor."

Per the complaint, Halicki was killed on August 20, 1989 during a stunt sequence while filming "Gone in 60 Seconds 2" and which was to feature "Eleanor." In 1994, Ms. Halicki obtained all right, title and interest in the film "Gone in 60 Seconds" and "Eleanor." In 1995, she contracted to remake "Gone in 60 Seconds" and specifically retained her rights to the character "Eleanor" and received an executive producer credit. In 2000, Touchstone Pictures released the remake of "Gone in 60 Seconds" starring Nicholas Cage, Angelina Jolie and "Eleanor." Also in 2000, Ms. Halicki released the original "Gone in 60 Seconds" film and its sequels on DVD and VHS through her film and entertainment company, Halicki Films.

Toby and Denice Halicki, as described in the complaint, consistently maintained protection over the "Eleanor" character and marketed goods, including replicas of "Eleanor" and other "Eleanor"-branded merchandise. "Eleanor" was toured across the United States to promote the initial release of "Gone in 60 Seconds," and appeared at the first Long Beach Grand Prix. For four-months, "Eleanor" was featured as part of a Peterson Automotive Museum exhibit entitled "Great Cars of the Movies" and was one of the star attractions at the "California Classic Car Rally" and the "L.A. 2000 NASCAR Street Race." Carroll Shelby socialized with Denice Halicki at various car shows where she was exhibiting "Eleanor," and he was aware of Ms. Halicki's various activities to promote and market her legacy in "Eleanor," "Gone in 60 Seconds" and the other films.

In February 2004, Ms. Halicki alleges that she first became aware of the fact that Carroll Shelby and his co-Defendants were manufacturing and marketing unauthorized motor vehicles that are copies of "Eleanor" as featured in the "Gone in 60 Seconds" film, and were promoting the sale of three versions of "Eleanor" at prices ranging from $90,000 to $150,000. Ms. Halicki contacted Mr. Shelby to try and resolve the matter out of court, but he ignored her efforts.

"My late husband Toby Halicki made films about car thieves as a form of entertainment, not as a way of life," explained Denice Halicki. "His movies and "Eleanor" catapulted him to international fame and cult status as The Car Crash King. I was absolutely shocked to discover that someone who knows me would even dream of taking my intellectual property rights in 'Eleanor' and 'Gone in 60 Seconds,' but that's exactly what Carroll Shelby has done."

Added Ms. Halicki: "Carroll Shelby blatantly posed on the cover of Mustang Monthly, using the cachet and mystique of 'Eleanor' and 'Gone in 60 Seconds' to market and sell his cars, never once asking for my permission. Mr. Shelby should not be allowed to profit from his actions. I've filed this lawsuit to protect the integrity of Toby's legacy and to put a stop to his pirating of my intellectual property rights."

"Carroll Shelby has consciously engaged in a pattern of unfair and unlawful acts," stated Jeffrey S. Kravitz, "by misappropriating Denice Halicki's rights and property in 'Eleanor' and the 'Gone in 60 Seconds' film. Mr. Shelby's actions have clearly impacted Ms. Halicki's plans to expand her 'Eleanor' and 'Gone in 60 Seconds'-based business. We've filed this lawsuit against Carroll Shelby and his co-defendants to protect Ms. Halicki's intellectual property rights and to prevent the defendants from enriching themselves at her expense."

Editor's Note

Plaintiff Denice Halicki is CEO of Halicki Films (www.gonein60seconds.com) and is based in Los Angeles, CA. She is represented by Jeffrey S. Kravitz with the Los Angeles office of Lord, Bissell & Brook, LLP (www.lordbissell.com); Tel: 213.485.1500.

Defendant Carroll Shelby's (www.carrollshelby.com) legal interests are represented by M. Neil Cummings of Los Angeles, CA; Tel. 310.914.1849.