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The Value of Intellectual Property Survives Death

By Tiffany Blofield on January 27, 2011
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The “King of Pop,” Michael Jackson, is earning big money even after his death. To protect this income and value of his brand, a week ago, Michael Jackson’s estate brought suit in California against his mother’s business partner, alleging infringement of the valuable rights to Michael Jackson’s likeness, image, copyrights, trademarks (See Dan Kelly’s post on Jackson’s most recognizable trademark) and good will through products sold for his own profit. Specifically, it alleged that he had infringed on copyrights for the hit film “This is It” that incorporated unseen video just prior to his untimely death from rehearsals for his highly anticipated tour and the book Never Say Goodbye. 

According to the complaint, the film is becoming the highest grossing concert movie and documentary ever released. The estate further contends that the business partner used websites to market various products with Jackson’s name and image. This was used to trick the public into believing that the estate endorsed the creation of the products on sale.  The estate seeks injunctive relief. We will see if the California court tells the business partner to “Beat It” as some legal commentators have suggested might be the result. 

This was not the first lawsuit brought by the Michael Jackson estate.  In April 2010, the Jackson estate obtained an injunction against a foundation who was using the name of Jackson’s charitable group, his likeness and trademarks. 

The “King of Rock and Roll” (and also Jackson’s posthumous father-in-law) Elvis Presley’s estate, has also been embroiled in legal disputes. In 2004, his daughter Lisa (and ex-wife of Jackson) sold the estate in a deal worth approximately $100 million.  Thereafter, the assignee and registrant of all of the trademarks, copyrights and publicity rights belonging to the Presley estate brought suit against those seeking to use the mark “Velvet Elvis.” Although initially losing at the District Court, the Fifth Circuit reversed the District Court’s decision and remanded the case for entry of an injunction enjoining the use of the infringing mark. If you are interested in reading this opinion, it is located at Elvis Presley Enter. v. Capece, 141 F.3d 188 (5th Cir. 1988).    

Courts protect estates from infringement of intellectual property and misappropriation by those trying to cash in on deceased celebrities. Even after death, trademarks, copyrights and the rights to a likeness are worth big money and stimulate lots of litigation.

Photo of Tiffany Blofield Tiffany Blofield

View my professional biography

Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay…

View my professional biography

Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else (though I have traveled across many borders, including the pond, and various state lines).

My calling to the courtroom, led me to earn my law degree from the University of Minnesota, after receiving my undergraduate degree in Economics and Psychology from St. Olaf College. After law school, I quickly realized that I’m more at ease in the courtroom than in my own living room, so I became a litigator. Over the years, I have developed my own style of litigating (I’m trying to trademark it) and aggressively represent my clients whether I am protecting valuable intellectual property or tackling the interests of professional athletes. Although I am not as wacky or as flaky as Ally McBeal, litigation still holds its “entertainment value” after fifteen years in the profession. This year’s Valentine’s Day festivities are evidence (pun intended) of my passion — instead of celebrating the typical Valentine’s Day with dinner and roses, our litigation team celebrated the seventh anniversary of the then largest jury verdict in Minnesota. The verdict came after a nine year battle and, as a result, V-Day has now become known as “Verdict Day.” I’m hoping to rename more holidays soon.

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  • Posted in:
    Intellectual Property
  • Blog:
    DuetsBlog
  • Organization:
    Winthrop & Weinstine, P.A.
  • Article: View Original Source

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