Traverse Internet Law Disclaimer
The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.
JOHN G. BRANCA, ET AL. v. HEAL THE WORLD FOUNDATION, ET AL.
CENTRAL DISTRICT OF CALIFORNIA (LOS ANGELES)
2:09-CV-07084
FILED: 9/29/2009
Just yesterday Michael’s Jackson’s estate settled a copyright infringement claim with Paul Anka in which Anka will be paid 50% of proceeds from the release of Michael Jackson’s newest single. Mr. Anka had co-written the song but the estate had refused to credit Mr. Anka. With this lawsuit it becomes increasingly apparent that the intellectual property issues relating to Mr. Jackson’s estate will continue for many, many years. In this instance it appears that the Defendants were allowed to operate for many years during Mr. Jackson’s life and only in his death are the issues of infringement being pursued. The lesson to be learned is clear: maintain an inventory of your intellectual property and keep it updated with information as to ownership, licensing, and enforcement activities.
The Plaintiffs are the special co-administrators of the estate of Michael Jackson. The Defendants are alleged to be using the “Heal the World” trademark owned by Mr. Jackson’s estate to operate an organization that purports to carry on the work of Jackson’s Foundation and is allegedly making numerous false representations regarding affiliations with Mr. Jackson and related charities. The ongoing trademark infringement, according to the lawsuit, also involves the acquisition of several domain names that infringe on Mr. Jackson’s intellectual property and trademark holdings.
The lawsuit claims trademark infringement, unfair competition and false designation of origin, trademark infringement and unfair competition under California common law, violation of the statutory and common law right of publicity, cancellation of registered trademarks based on false suggestion of a connection, and violations of the Anti-Cybersquatting Consumer Protection Act. The prayer for relief in the case requests preliminary and permanent injunctive relief, delivery to Plaintiffs of any and all materials bearing the MJJ marks, an award of attorneys’ fees and costs and any other relief the court deems just and equitable. Traverse Internet Law Cross-Reference Number 1359.
MINDS AND MACHINES, LLC, ET AL. v. GELILA PUCK AND WOLFGANG PUCK
WESTERN DISTRICT OF WASHINGTON (SEATTLE)
2:09-CV-01237
FILED: 9/01/2009
Domain names are about to become much more complex in nature. There are new top-level domain names that may become available. ICANN (the governing body for domain names) has created an application process by which an interested party may seek to become a registry operator for a new top-level domain name of its choice. The application process is widely expected to begin in 2010. This is a development that everyone needs to be paying attention to for obvious reasons.
Minds and Machines, LLC, a California company and Top Level Domain Holdings, Ltd., a British Virgin Islands company, appear to be leading providers of services to apply for and develop new top-level Internet domain names. One of the top-level domain names it is involved with is “.food”. The Plaintiffs are suing Wolfgang Puck, the famous chef, and his wife under rather complex factual circumstances relating to an alleged joint business enterprise to promote the “.food” top-level domain name.
The Defendants have been sued for breach of contract and tortious interference and fraud (alleged against Gelila Puck only). Plaintiff has requested extensive declaratory relief, the entry of a temporary and permanent injunction against the Defendants, actual damages, and attorneys’ fees and costs. Traverse Internet Law Cross-Reference Number 1360.
