B6 Saturday, January 10, 2015
ENTERTAINMENT
Roswell Daily Record
30 years later, ‘Back To The Future’ car in legal battle NEWARK, N.J. (AP) — In the 1989 sequel to “Back to the Future,” Michael J. Fox’s character uses his flying time machine to travel to a 2015 filled with flying skateboards, automated dog-walkers and self-drying jackets. Little did he know that when 2015 finally rolled around, the car used in the movie would be in the middle of a legal battle pitting a Texas company against the widow of maverick automaker John DeLorean. DeLorean’s eponymous creation co-starred in the original 1985 movie as it transported Fox’s Marty McFly back to the 1950s to engineer his parents’ meeting, and it was featured in two sequels. Now, DeLorean’s widow, Sally, claims in a federal lawsuit that Texas-based DeLorean Motor Company has been illegally using the DeLorean name to sell hats, pens, notebooks, key chains and other items, and has illegally licensed the name and images to other companies including Nike, Mattel, Urban Outfitters and Apple. The company has never been formally affiliated with the one DeLorean started. The Texas company “has improperly and illegally appropriated for its own use Mr. DeLorean’s legacy, including the DeLorean Identity, together with intellectual property,” the lawsuit alleges. The suit claims the company has plans to manufacture an electric version of the car, which it says would be illegal because the car’s design belongs to John DeLorean’s estate. In addition to seeking to
Texas company permission to make a small modification to the car’s user and they manual, acknowledged that DeLorean owned the intellectual property.
“There is definitely no written agreement” relinquishing the trademarks, Thompson said, adding, “to the extent that any written agreement exists, it says the opposite.”
At that time, the lawsuit contends, the Texas company was a “small forum” where DeLorean enthusiasts could buy or sell parts or exchange information. The company disputes this characterization.
AP Photo In this Oct. 26, 2010, file photo, cast members of the "Back to the Future" movies appear on the NBC "Today" television program, commemorating the 25th anniversary of the films, in New York. They are, from left, posing with a replica of the DeLorean car, Lea Thompson, Christopher Lloyd, Mary Steenburgen, Michael J. Fox, director Robert Zemeckis and Huey Lewis. With the 30-year anniversary of the film approaching, there is renewed interest in the DeLorean, the car used as the model for the time machine used in the movie. One Texas based company that designs and sells DeLorean-themed prod-
stop the company from continuing to use the trademarks, the suit seeks damages as well as the company’s profits derived from their use. Through its attorney, the company has denied all claims and asserted it has the right to the trademarks. A settlement conference is scheduled for next month. John Z. DeLorean was an automotive innovator who began his career at General Motors and is credited by some with cre-
ating America’s first “muscle” car, the Pontiac GTO, in the mid-1960s. He left GM in the early 1970s to launch his own company and eventually produced the DMC 12, referred to simply as “the DeLorean,” a sleek, angular car with gull-wing doors and an unpainted stainless-steel exterior. Only about 9,000 of the cars were produced before DeLorean’s company went bankrupt in the early 1980s, but the car’s look and cult following helped
land it a role in the “Back To The Future” films. According to the Internet Movie Database, the car was chosen because it would plausibly look like a spacecraft to people in the 1950s flashback scenes. DeLorean died in New Jersey in 2005 at age 80 after years of court battles that included a highly publicized drug trial in the 1980s in which he was acquitted of conspiring to sell millions of dollars of cocaine. His former estate in the rolling hills about
40 miles west of New York City was converted into a golf course by developer Donald T rump in 2004. Sally DeLorean lives in New Jersey with her daughter. Attor ney R. Scott Thompson, who represents Sally DeLorean, said John DeLorean bought his company’s trademarks, images and other intellectual property during the company’s bankruptcy proceeding. The lawsuit alleges that in 2004 he gave the owners of the
Presley’s 1st record, auctions for $300,000
MEMPHIS, Tenn. (AP) — An acetate recording of the ballad “My Happiness,” the first song Elvis Presley ever recorded, sold at auction Thursday night for $300,000. An undisclosed Internet buyer placed the winning bid at Graceland, the museum and tourist attraction that was Presley’s former home. The auction was held on what would have been the late singer’s 80th birthday. The 78 rpm record, with its tattered yellow label, sold for $240,000. But the total buyer’s price includes a premium of 25 percent, or $60,000, that goes to the auction house, Graceland Auctions. Bidding for the record started at $50,000. Other items in the auction included scarves worn by Presley at concerts, gold necklaces with the initials TCB (short for the slogan “Taking Care of Business”), prescription sunglasses made for Presley, and his first driver’s license. But the big prize was the “My Happiness” record, which is highly valued because of its place in the career of Presley, who died in Memphis on Aug. 16, 1977. The acetate is in original condition and the record is playable. Presley recorded the song in 1953 at Sun Records, the Memphis studio operated by Sam Phillips. Presley, then 18, paid $4 for the recording. As the story goes, Presley — whose family did not have a record player — left Sun and went to the home of friend Ed Leek to listen to it. But Presley left the record at Leek’s house. Leek kept the record in a safe for six decades. After he and his wife died, their niece Lorisa Hilburn inherited it. Hilburn, of Rockledge, Florida, contacted Graceland, and it was offered for auction. Hilburn said after the auction that she did not expect the record to sell for such a large amount. She has already “splurged” on an iPad, but plans to invest the rest of the $240,000, with some going to pay for college for her two sons. “I’m very happy,” said Hilburn, who smiled widely after auctioneer Wendell Hanson banged his gavel and said “Sold!”
AP Photos Above: This acetate recording of "My Happiness," (front record) the first song Elvis Presley ever recorded, was auctioned for a total price of $300,000 on Thursday, in Memphis, Tenn. Presley recorded the song at Sun Records in Memphis in 1953. Right: Priscilla Presley cuts the eight-tiered birthday cake during the 80th birthday celebration for her late ex-husband Elvis Presley at Graceland, Thursday, in Memphis, Tenn. A large crowd gathered for the celebration even though the temperature was below 20 degrees.
“There was adrenaline beforehand ... but when it was over, I was numb,” she said. “It was surreal.” Before he became the “King of Rock ’n’ Roll,” Presley was a shy young man who had moved to Memphis from Tupelo, Mississippi, with his parents. He liked to sing and one day summoned up the courage to walk into Sun Records. Phillips was not there that day, so Presley was helped by Phillips’ assistant, Marion Keisker. Presley sang the ballads “My Happiness,” which was the A-side of the record, and “That’s When Your Heartaches Begin,” which became side B. Both are slow-moving and stop short of suggesting a singer ready to help
open the way for the emergence of rock ’n’ roll. After the record was cut, Keisker wrote down Presley’s name and phone number and jotted a note that said he was a good ballad singer. In 1954, Presley recorded the more uptempo “That’s All Right” at Sun Records. That song became Presley’s first hit, and it catapulted him to a successful career that included hit songs such as “Hound Dog” and “Suspicious Minds,” and to making popular movies such as “Jailhouse Rock.” The story about the “My Happiness” recording is told to visitors who take the tour of Sun Records, now a museum. Along with Presley, Phillips also
recorded music legends Johnny Cash, Jerry Lee Lewis and Carl Perkins at Sun. Jayne Ellen Brooks, public relations director at Sun, says the “My Happiness” record is important because it gives fans the first glimpse of Presley’s impressive talent. “This was a pop ballad song done by female singers, so as far as the song choice goes, it’s really interesting,” Brook said. “It sort of sums up Elvis, pre-fame.” Before the auction, fans of Presley gathered outside Graceland in sub-freezing temperatures for a cake-cutting ceremony. Priscilla Presley, who was married to the singer, and their daughter, Lisa Marie Presley, attended the morning event.
William Mead, a New Jersey-based attorney representing DeLorean Motor Company, said in an email that the company existed for 10 years prior to John DeLorean’s death and has registered trademarks. He said DeLorean was aware of its operations and didn’t express opposition. The Texas company has been assembling and selling DeLorean cars made from original factory parts it acquired in the original bankruptcy proceeding, Mead said.
“Now, years after Mr. DeLorean’s death, Sally DeLorean has unfortunately filed a lawsuit as a representative of the Estate of John DeLorean,” Mead said. “The DeLorean Motor Company denies that the Plaintiff has any right or authority to prevent the DeLorean Motor Company from operating its 30-year-old business, and has no right to money damages.”
Cosby says he had a ‘wonderful time’ on return to stage
KITCHENER, Ontario (AP) — Bill Cosby said he had a “wonderful time” and got a standing ovation from polite Canadian fans at his first show following a string of cancellations in the wake of sexual assault allegations from more than 15 women. But outside protesters braved belowfreezing weather to shame the ticketholders as they streamed in and are likely to do so again at the second of three performances in Ontario on Thursday. Cosby’s show in Kitchener was his first show since November when the entertainer saw at least 10 performances get canceled on his North American tour. Like his last show in Melbourne, Florida on Nov. 21 there were no disruptions during the performance and the crowd laughed throughout. Wearing a sweater saying “hello friend,” Cosby climbed the stage decorated with two giant posters of him with Nelson Mandela. “First of all thank you,” Cosby said to the audience before starting his routine with some cold weather jokes. He left to a standing ovation that was somewhat slow to start. “Dear Fans: I would like to personally thank you for giving me the opportunity to bring laughter back into your lives tonight. Also, I would like to applaud all of you and give you a standing ovation for respecting yourselves, the theatre (Centre In The Square) and the event organizers that produced a spectacular show for the Kitchener Community,” Cosby said in a statement issued by his publicist following the show. Some ticket-holders had said they would boycott the performance, and the 2,000-seat venue was about two-thirds full. Several police officers and private security guards were posted throughout. Outside the Centre in the Square, more than a dozen protesters carried signs saying “rape is no joke.” Some shouted “you support rape” and “shame on you” at fans. A few protesters blocked the doors of the venue until being asked to leave by security. But fans defended Cosby as they arrived. “I’m skeptical of all the accusations,” said Gerald Reinink. “I always loved Cosby, good family humor. Why are 20 women coming out now when it’s 20, 30 years ago?” Dan Emerson said he was glad there were no hecklers inside the venue. “Innocent until proven guilty. I’m hoping it’s not true and until I know otherwise I love him to death,” Emerson said.