The DeLorean from Back to the Future is one of the most iconic movie cars ever created and it’s at the center of a long-running dispute.
While the first film in the series was released in 1985, the car is playing a starring role in a lawsuit involving NBCUniversal and the DeLorean Motor Company. The latter sued the entertainment giant for “breach of contract and an accounting, as well as trademark and trade dress infringement.”
The basis of the lawsuit dates back to the 1980’s and is a complex thing to unpack. However, in 1989, Amblin Entertainment and Universal Pictures inked a deal with John DeLorean for the rights to use the “name, logo, and appearance of the DeLorean automobile for … ‘merchandising and commercial tie-up[s]’ in connection with the Back to the Future film series.” The judge in the case went on to note, “Mr. DeLorean represented and warranted that he was ‘the sole owner of the rights in the Material granted or agreed to be granted’ and that he had ‘the unrestricted right and power to grant the rights in the Material herein specified.’”
However, the original DeLorean Motor Company declared bankruptcy in 1982 and some assets were acquired by Consolidated International. This included the “remaining US inventory of cars, the entire parts inventory, and engineering drawings and records.” While trademark registrations and rights weren’t explicitly mentioned, the modern DeLorean Motor Company alleges Consolidated International “acquired goodwill, trade names, and distribution rights from DeLorean Motor Company, which included the acquisition of trademarks.”
While we could continue going down the legal rabbit hole, you can see where things are headed. The predecessors to NBCUniversal believed they had acquired the necessary rights and permissions for the DeLorean to be used in the film series as well as in merchandise. The latter is at the heart of the matter and the judge noted “The films proved extremely successful for NBCU, spurring NBCU’s continuous distribution of the films and use of the modified DeLorean DMC-12 since 1985 in various media, advertising, and the offering for sale of merchandise including apparel, art, books, games, media, novelties, collectibles, prop replicas, and toys.”
More: DeLorean Motor Sues NBC Over ‘Back To The Future’ Royalties
This sparked a number of actions and agreements over the years as DMCT, the DeLorean Estate, and the media company sparred over royalty payments, the accuracy of accounting, and other matters. While that’s just scratching the surface, everyone wants money.
Fast forward to the modern era and U.S. District Judge David Carter delivered a mixed ruling. He said “DMCT has provided evidence that it has numerous DeLorean-related trademarks” and added that “undisputed evidence shows that NBCU accepted its role as a licensee of DMCT’s marks by making numerous royalty payments to DMCT over several years.” That being said, the judge stated “NBCU likely has common law trademark rights relating to the use of the time machine car” seen in the movie franchise.
Speaking of which, there are significant differences between the DMC-12 and the movie car. NBCUniversal contends they’re easy to tell apart, but the judge said “Given the fact-intensive nature of the likelihood of confusion inquiry [part of an eight-part Sleekcraft test], the Court finds it would be inappropriate to grant summary judgment for NBCU on this issue.” As a result, the case is now set to go to trial.
H/T to Reuters and you can read the judge’s ruling here
