Jackson Estate Sues Heal The World Foundation
According to the lawsuit filed in federal court, Jackson and his family have no relationship with the current Heal the World Foundation.
The suit notes Jackson created his own charity also named Heal the World Foundation back in 1992 but that it shut down its operations in 2002.
CBS News reported that the current Heal the World Foundation was formed in March 2008 and received its IRS tax exempt status in January 2009. Although the foundation’s president, Melissa Johnson, received the “Heal the World Foundation” trademark back in October 2008, she waited until July, a month after Jackson’s death, to file for the trademark “Michael Jackson Heal the World Foundation.”
The Heal the World Foundation’s Web site, which describes itself as “the universal charity organization designed to improve the condition of all mankind,” includes a YouTube video and pictures of Michael Jackson. The singer is listed as the “President Emeritus” of the organization.
The “About Us” page on the foundation’s Web site explains that Jackson founded HTWF in 1992 and that “in 2008 … we formally restructured the charity under a new board of Directors and regained our tax exempt status.” The foundation’s Twitter account bio reads: “Heal the World Foundation was started by Pop Star Michael Jackson in 1992.”
Jackson’s estate is not pleased, claiming in the federal court lawsuit, “Defendants’ acts of infringement and unfair competition have been committed with the intent to cause confusion, mistake and to deceive.”
The suit claims the charity in question is improperly using trademarks associated with Jackson to rack in donations.
CBS notes that the foundation received $6,191.57 in donations during the month of July through PayPal, according to records provided by the charity. Jackson died June 25.
The network also reported Johnson filed a trademark for “MJ” to be used for items such as athletic apparel, video games, talking toys and novelty face masks, according to three applications filed in July 2008 with the US Patent and Trademark office.
The lawsuit claims trademark infringement and unfair competition. The estate is seeking a cancellation of the “MJ” trademark, which the foundation has already received.
In addition, the lawsuit notes the charity has applied for trademarks on “Thriller,” “Neverland” and “King of Pop” – terms which Jackson’s estate is also seeking trademarks for.
It seems like Jackson’s estate has a pretty good case because the current administrators — attorney John Branca and music executive John McClain — have a probate court’s authority to protect Jackson’s image and likeness and prevent sales of unauthorized merchandise. I’m no lawyer but a talking toy or novelty face mask adorned with “MJ” sounds pretty unauthorized to me.
Click here for the AP story.
Click here for the CBS story.
Click here for the Heal the World Foundation Web site.
Daily Pulse
Subscribe