No. 25-444

Denice Shakarian Halicki, et al. v. Carroll Shelby Licensing, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2025-10-14
Status: Denied
Type: Paid
Response Waived
Tags: character-protection copyright-infringement distinctive-character film-franchise ninth-circuit-test stock-character
Key Terms:
AdministrativeLaw Copyright Trademark JusticiabilityDoctri
Latest Conference: 2025-11-07
Question Presented (from Petition)

Is copyright protection for characters limited to only those characters that meet the Ninth Circuit's three-element test? Or, as the Second, Seventh, and Eleventh Circuits have held, does copyright protect a character to the extent that it is distinctive from a generic stock character?

Question Presented (AI Summary)

Is copyright protection for characters limited to only those characters that meet the Ninth Circuit's three-element test, or does copyright protect a character to the extent that it is distinctive from a generic stock character?

Docket Entries

2025-11-10
Petition DENIED.
2025-10-22
DISTRIBUTED for Conference of 11/7/2025.
2025-10-16
Waiver of right of respondents Carroll Shelby Licensing, Inc., et al. to respond filed.
2025-10-16
Waiver of Tony Engel, Jason Engel, and Classic Recreations, LLC of right to respond submitted.
2025-10-16
Waiver of right of respondents Tony Engel, Jason Engel, and Classic Recreations, LLC to respond filed.
2025-10-09
Petition for a writ of certiorari filed. (Response due November 13, 2025)

Attorneys

Carroll Shelby Licensing, Inc., et al.
Brian David LedahlRuss, August & Kabat, Respondent
Denice Shakarian Halicki, et al.
Timothy Towery CoatesGreines, Martin, Stein & Richland LLP, Petitioner
Tony Engel, Jason Engel, and Classic Recreations, LLC
Marina Vladimir BogoradMunck Wilson Mandala LLP, Respondent