Back to the Future?
Nope, it's back to the courts for a dispute over the DeLorean car that traveled through time in the “Back To the Future” films.
The widow of John DeLorean, who developed the iconic sports car in 1973, wants a federal judge in New Jersey to decide who should be paid under a decades-old agreement that allowed Universal Pictures to use the vehicle in the hit movies.
Sally DeLorean contends Universal owes her late husband's estate a "substantial” amount “for many years of unpaid royalties." Her lawsuit asserts payments have gone instead to a Houston-area firm, DeLorean Motor Co. (Texas), with no connection to her husband or his venture.
The movie-rights fight is a sequel, of sorts.
DeLorean, a resident of Far Hills in Somerset County, previously sued DMC Texas on behalf of the estate in February 2014. That copyright infringement suit was settled a year later – or so she thought.
At the center of the fight is a stainless steel sports car with distinctive gull-wing doors developed in 1973 by John DeLorean, a maverick auto executive. His firm made only about 9,000 DeLoreans before going under in 1982, the lawsuit says.
But the DeLorean model grew in fame when it shuttled Michael J. Fox and Christopher Lloyd to adventures in the past and future in films released in 1985, 1989 and 1990.
The agreement with Universal, reached in 1989, says the studio “will use suitably modified DeLorean automobiles as a 'prop" (i.e. as a 'time machine' belonging to the character 'Doc Brown') in the pictures and in advertising and other forms of exploitation."
It said the rights to use the vehicle’s image extended to “toys, games, gadgets, novelties, books, apparel, food and beverages.”
Under the deal, Universal agreed to pay 5 percent of net receipts "from merchandising and commercial tie-ups in connection with the pictures, based upon the (DeLorean) material as a key component."
The lawsuit against DMC Texas contends Universal stopped making payments at an unknown time, noting the estate “did not have a copy of the agreement at the time of Mr. DeLorean’s death (at age 80 in 2005) and therefore could not enforce his rights.”
According to the suit, an attorney for the estate wrote to Universal on Feb. 13, “seeking to enforce Mr. DeLorean’s right.” It says the studio responded by saying DMC Texas had claimed it owned the rights under the agreement and had already received the payments.
The lawsuit also alleges Humble-based DMC Texas threatened legal action if the estate did not drop its effort to be paid by Universal.
The suit seeks a declaration that the DeLorean estate holds the rights to the Universal contract. It also wants a court order requiring DMC Texas to “pay over to the estate all sums it received from Universal.”
A lawyer for the Texas firm rejected the estate's claims. "The suit is a work of fiction," attorney Casey J. Lambright of Houston declared Tuesday.
DeLorean's attorney, R. Scott Thompson of Roseland, Essex County, could not be reached for comment.
According to its website, the Texas firm sells DeLorean parts and vehicles “assembled to your specification” for $65,000 and up. It offers used vehicles for about $30,000 to $50,000.
Frequently asked questions at the website include "Are parts readily available?” and "My doors won't stay up, how can I fix them?"
Another FAQ asks: “Are you ‘the’ DeLorean Motor Co?” Short answer: No.
In settling the 2014 lawsuit, the estate agreed not to challenge the Texas firm’s right to use “a limited set of intellectual property,” including the name of DeLorean Motor Co. and the DMC logo.
“The estate did not transfer to DMC Texas any contractual rights,” the lawsuit asserts.
“In fact,” it says, “the Universal agreement was not mentioned in the settlement.”
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Originally Posted by dodint
