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Author Topic: Melissa Johnsons Heal The World Foundation V The Estate of Michael Jackson  (Read 20921 times)

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LastTear

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Re: The Truth about Melissa Johnsons Heal The World Foundation
« Reply #60 on: April 20, 2011, 12:19:22 PM »
I am looking for court documents from yesterdays settlement, there is nothing I can find as yet.

This is so frustrating not knowing any more details and I think it's very unfair to the fans that support the estate's actions in bringing this to court, that we have to suffer the pro johnson fans gloating and celebrating their victory.  I think the estate should be giving us a full statement with at least some more if not all the details.

We know this is not a victory for johnson, as defendants they are the ones who would have sought the settlement, if the estate were wanting to back down then they would have withdrawn their objections.

And the Mann fuelled propeganda continues -warning clip contains Taaj Malik which might not be suitable for some veiwers  :toofunny:

http://www.youtube.com/watch?v=_xaiknGcuXw&feature=player_embedded#at=185
« Last Edit: April 20, 2011, 12:24:53 PM by LastTear »

Ben971

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Re: The Truth about Melissa Johnsons Heal The World Foundation
« Reply #61 on: April 20, 2011, 12:28:59 PM »
Yeah, thanks, I'll pass. Had enough with the moronic tweets last night.  :tlaugh:

LastTear

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Re: The Truth about Melissa Johnsons Heal The World Foundation
« Reply #62 on: April 21, 2011, 03:53:35 PM »
This is the wording they are using on Jackson Secret Vault

back to News FeedJackson Estate Settles Lawsuit with Heal The World Foundation
Wednesday, April 20, 2011
Los Angeles—JSV Correspondent Larry Nimmer ; with guest Taaj  :crazy:  report on the Heal The World Foundation and the Michael Jackson Estate's drawn-out battle, finally reaching a settlement. It was reported that terms of the settlement include a go-forward strategy, for the foundation's use of Michael's name and likeness to promote charitable initiatives, in exchange for the returned intellectual property(collection of Jackson-related Trademarks) to the Estate.Melissa Johnson, director of the HTWF will remain on, but will be joined by Estate attorney Howard Weitzman, who is taking his newly-appointed seat on the foundation's board beside Katherine Jackson.


Offline moonstreet

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Re: The Truth about Melissa Johnsons Heal The World Foundation
« Reply #63 on: April 21, 2011, 08:10:22 PM »
http://www.twitlonger.com/show/a07s39

On Thursday 21st April 2011, @MJonlineteam said:

Please find below a statement from the Co-Executors of the Estate.

Please let the fans know that we are aware of the many questions from the fan community regarding the recent settlement of the HTWF lawsuit. The Estate will need at least ninety days to gather information, as well as all of the property that will be coming back to the Estate from Melissa Johnson and the HTWF. We want the fans to rest assured that all decisions on the use of a charitable foundation or, as an alternative, making direct contributions to recipient charities, and any and all personnel decisions, will be made with complete regard to Michael’s wishes and Michael’s legacy, which we intend to honor and perpetuate. We also value the opinions of Michael’s fans who, above all, have shown unwavering support for Michael and his legacy. We therefore want to assure the fans that all actions being taken by the Estate, past, present and future, will be guided by the paramount objective of doing the right thing by Michael.

John McClain and John Branca
Co-Executors
The Estate of Michael Jackson

LastTear

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Well I'm glad they are aware, and that they appear to care how the fans are feeling, even if they still haven't actually told us anything!  :smile:

Offline moonstreet

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TWITLONGER from @Ivy_MJJC On Wednesday 20th April 2011

MJ Estate versus HWTF. Who won? Why settle? What are the advantages:

Count 1 : Trademark infringement (for unauthorized use of "Michael Jackson" mark)

win for estate , they got all the trademarks back

Count 2: Unfair competition and false designation of origin (using these trademarks create confusion or deceive people to believe these items HTWF sell are connected or associated with Michael Jackson and MJ Estate)

win for estate, they got the trademarks and Melissa Johnson, her companies and Mann cannot use them anymore

Count 3: Trademark infringement and unfair competition under CA Law (for using the trademarks in commerce)

win for estate , see above explanation

Count 4: Violation of right of publicity (the unauthorized use of Michael's name , image and likeliness).

win for estate, as they took over HTWF and any use of Michael's name image and likeliness will be under their control

Count 5: Cancellation of registered trademarks (Heal the World, Heal the World Foundation, HTWF)

win for estate, as they got all the trademarks

Count 6: Cancellation of registered trademarks (MJ)

win for estate, as they got all the trademarks

Count 7: Cyber squatting (Domain names)

domain names aren't reported so we don't know this one

Supplemental complaint

1 - Stop using any word, image, symbol associated or referencing Michael Jackson

win for estate, as they control the trademarks and Michael's image, name, likeliness

2- Correction of the records of California Secretary of State, California Franchise Board, California Attorney General's Office, Internal Revenue Service

win for estate, as they take over HTWF they can correct any wrong information themselves

Why settle ?

Go again and read the counts did MJ Estate tried to close down the charity? No they didn't. They just tried to get the "Heal the World" name back.

Here we have to remember the preliminary injunction decision of the judge, let's do direct quotes first

"With respect to healtheworld.us, and healtheworldfoundati on.net, Plaintiff Triumph is not likely to prove the bad faith element. As Plaintiff concedes, at the time Defendant HTWF registered these sites, Plaintiff’s registration in the “Heal the World” marks had expired due to the popularity of the song. Thus, Defendant HTWF may reasonably have believed that its use of the phrase was fair use. Moreover, Defendant HTWF actually succeeded in registering this mark, which, as Plaintiff elsewhere argues, establishes prima facie evidence of Defendant’s intellectual property rights in that mark. Plaintiff argues that “it is the nature of Defendants’ use of the marks that is problematic"

and

"Notwithstanding the foregoing, Defendants are not enjoined from using the mark HEAL THE WORLD"

In a simplified fashion during the preliminary injunction the judge agreed with everything the Estate asked for except "Heal the World" as it became fair use due to trademark expiring due to popularity of the song.

If at the end of the trial the judge decided same way and let Melissa Johnson to keep the Heal the World name we would have her continuing the charity (without mentioning Michael and selling Michael branded products) in the future (probably with Katherine and MJ's kids). Wouldn't you say the confusion would remain among the general public?

So as you can see the advantage of a settlement for the Estate is making sure that they get "Heal The World" name for sure and control of charity (something they didn't ask for at all). So it's a extra plus for them.

Why would Melissa Johnson settle?

It's just assumptions here (as we don't know the confidential details) but most probably as the Estate is getting the trademarks (and perhaps even the domain names as well) they will most probably reimburse her for the costs of such registrations.

Estate agreeing to keep Heal the World alive could be a motivation as well.

and if she's allowed to be a part of the new charity that's also a plus for her.

So as you can see Estate probably got more than they wanted as they were able to get not only the Trademarks but the future control of HTWF and Johnson is probably better off by possibly getting reimbursed for her expenses and still being a part of the charity.

Ben971

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Larry Nimmer corrects his report on HTWF settlement :



http://www.youtube.com/watch?v=DPzUD3b980o&feature=youtu.be
« Last Edit: April 23, 2011, 08:33:07 AM by Ben971 »

LastTear

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Lights, camera, ACTION ..... What no Jackson reporter!  :toofunny:

Good job for correcting the statement Larry, I am happy to give you credit for that.

LastTear

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4/23/2011
Michael Jackson Tidbits
 
Enchanted Kingdom LLc, registered in Nevada has been closed down. Still no information on what that company was responsible for.

In the Michael Jackson Estate vs. Howard Mann case, the defendant's request to dismiss the case, has been rejected by the judge. Obviously the case is not that simple as Mann would others see it, and it will go forward.

In the Michael Jackson Estate vs. Melissa Johnson case the parties agreed to settle the case out of the court room. The terms are not public yet, but the MJ Estate will get back everything, including the trademarks and the Heal The World Foundation.

http://lesliemjhu.blogspot.com/search?updated-min=2011-01-01T00%3A00%3A00%2B02%3A00&updated-max=2012-01-01T00%3A00%3A00%2B02%3A00&max-results=44

Ben971

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But if you look below the vid, the reporter/researcher thanked Larry... Why, I wonder...

Offline moonstreet

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cos she dosnt want to admit she was wrong. She is back tracking, trying to stay "in" with Larry when in reality she has been shafted

LastTear

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 :tlaugh: i didn't see that  :tlaugh:  :moony: you are so right!

Offline moonstreet

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UPDATE FROM IVY AT MJJC

Quote
A quick update

In the recent documents filed with the court we see that HTWF Board of Directors notified MJ Estate that they are rejecting & rescinding the Settlement Agreement stating that Melissa Johnson wasn't authorized to sign such agreement without asking the board of directors.

Will update with more soon.

from http://lesliemjhu.blogspot.com/2011/05/michael-jackson-estate-vs-melissa.html

5/17/2011

Michael Jackson Estate vs. Melissa Johnson
On May 14th, 2011 the MJ Estate has been notified about that the defendants do not intend to follow their obligations under the settlement agreement. They are claiming that Melissa Johnson did not have the authority to sign the settlement agreement in the name of board of directors.

Since the parties agreed in settling the case, defendants didn't follow andy of the settlement terms. Johnson's lawyer insisted that they have concerns regarding the terms of the settlement. This lawyer insterestingly sent a copy of this communication to Howard Mann, that tells a lot.

The fact that the board of directors rejected the settlement means that both Katherine and Joseph Jackson was present and voluntary agreed to this, and plays on fighting again the MJ Estate





« Last Edit: May 17, 2011, 12:30:49 AM by moonstreet »

Offline moonstreet

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http://www.twitlonger.com/show/agjv67

On Tuesday 17th May 2011, @Ivy_MJJC said:

MJ Estate vs HTWF Updates :

- Estate and HTWF began discussing a settlement on April 16th. They signed a binding agreement on April 19th - the first day of trial.

- Judge gave them a month ( May 19th) to file a status report about the settlement.

- Today Estate filed a document with the court saying that they wouldn't be able to file the status report on May 19th because
---- HTWF hasn't done anything they are supposed to do
---- HTWF breached the confidentiality as some items were also copied to Howard Mann
---- They received an email from Mel Wilson of HTWF on May 13 saying there was a board of directors meeting on May 6th and that Board of Directors reject and rescind the Settlement Agreement as Melissa Johnson didn't have the permission and authority to act on behalf of Board of Directors (Katherine and Joe are a part of board of directors).

- MJ Estate is planning on filing a motion by May 19th asking the judge to enforce the Settlement Agreement. There will be a hearing about it if possible by mid- June.

LastTear

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 :thumbdown: OMG! Here we go again.  Surely M Johnson's lawyer was present and advising her when they agreed to the settlement  :confused: Joe and Katherine seem so sure of themselves that the estate would not take legal action directly against them and everyone is just using them to hide behind  :no: but I guess they don't care as long as they are getting $$$$$  :thumbdown: