In the world of cinema, few vehicles are as iconic and beloved as the DeLorean time machine from the “Back to the Future” trilogy. As a sneakerhead, one of my dream sneakers would be the Marty McFly Nike’s, but with a price tag of $18,500, I’m going to have to write just a few more patent applications to make it happen! Beyond the cinematic fame of the DeLorean time machine lies a legal saga that has captured the attention of fans and legal experts alike. A recent article published on Carscoops sheds light on the latest developments in the ongoing lawsuit surrounding the DeLorean.
The lawsuit revolves around the rights to the DeLorean name and imagery, particularly in relation to the famed time-traveling car featured in the blockbuster film franchise. The dispute involves the DeLorean Motor Company (DMC), a Texas-based company that acquired the rights to the DeLorean brand in the early 2000s, and Stephen Wynne, a businessman who resurrected the company to produce replica DeLorean cars.
According to the article, the basis of the lawsuit is a deal between Amblin Entertainment and John DeLorean giving Amblin the rights to use the name, logo and likeness of the DeLorean car for merchandising in connection with the Back to the Future films. That deal occurred in 1989, but DeLorean Motor Company declared bankruptcy in 1982 and some of its assets were obtained by Consolidated International. Despite trademarks not being specifically acquired by Consolidated International, the current DeLorean Motor Company claims that Consolidated International acquired goodwill, tradenames, and distribution rights from DeLorean Motor Company.
The wild success of the Back to the Future franchise and the royalties that would be due for use of the trademarks and likeness are the heart of the issue in the present case. There are several interested parties and a good bit of money at stake. While it is clear that the DeLorean Estate has numerous DeLorean related trademarks, it is also clear that NBC Universal was a licensee of the trademarks since they made numerous royalty payments to the Estate. The judge in this case has indicated that NBC Universal likely has some common law trademark rights relating to the “time machine” version of the DeLorean. Anyone that has seen the movies knows the difference between the time machine version of the DeLorean and the regular version of the DeLorean – it’s clearly, the Flux Capacitor!
The case has now been cleared for trial, marking a significant milestone in the legal battle that has been ongoing for several years. As the trial date approaches, both sides are gearing up for what promises to be a closely watched and hotly contested legal showdown.
