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Author Topic: MJ's Estate deposes the Heal the World foundation prez in trademark infrigement  (Read 1473 times)

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Ben971

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MJ's Estate deposes the Heal the World foundation prez in trademark infrigement suit.


For those who still arent sure about the ties between Michael and the  HTW foundation :

http://x17online.com/celebrities/michael_jackson/x17_exclusive_michael_jacksons_heal_the_worl.php

Attorneys for Michael Jackson's Estate are currently in a secret deposition with Jackson's Heal the World Foundation President Melissa Johnson, after filing a lawsuit claiming the charity uses the King of Pop's name and likeness illegally to solicit donations.

The executors of Jackson's estate, John Branca and John McClain, claim Heal the World Foundation had no relationship with Jackson or his family. The foundation was formed in 2008 and trademarked its name -- also the title of one of Jackson's most famous songs. The suits claims the foundation has even sought trademarks for certain terms like "Thriller," "Neverland" and "King of Pop."

Melissa Johnson - who shares the same initials as Jackson - has trademarked "MJ." In August, the foundation filed notice in the singer's estate case of its intent to use Jackson's name and to sell merchandise with his likeness.

Jackson's estate has filed trademark requests for similar terms and the suit claims trademark infringement and unfair competition and seeks a cancellation of the trademark of Jackson's (and Johnson's) initials.

We're told the Estate picked this week specifically, to begin the deposition, in hopes the media's attention would be diverted to the Murray trial:

"This is why they’ve set up this secret deposition Tuesday at their lawyer's office. The Estate wanted to do it specifically during the Murray trial so they could divert attention from this case, while they try to place a gag order on Johnson.”
Looks like lawyers for the Jackson estate have got their hands full!



Question: Why would this woman even THINK she'd stand a chance in court with no agreement on record from Michael?
« Last Edit: January 14, 2011, 01:31:50 PM by moonstreet »

LastTear

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 :goodpost:  :ben:

HERE IS A PORTION OF THEIR WEB PAGE


Heal the World Foundation (HTWF) is a universal charity organization designed to improve the condition of all mankind.

We fight to rescue the world's most vulnerable: the children, elderly and animals from privation, abuse and exploitation. We address the most urgent global problems of the day, problems like hunger, homelessness and the moral decay of mankind.

Please Note: Heal The World Foundation is NOT affiliated with the Executors of the Michael Jackson Estate, neither are any products
sold on this site endorsed by the Jackson Estate.

ATTENTION: Members, please read below a message from HTWF Staff. All members using Mr. Jackson's image,must change
their profile image right away. HTWF must comply with
the court order and cannot have any photos of Mr. Jackson
on this site.

Offline moonstreet

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THE TRUTH ABOUT MELISSA JOHNSON HEAL THE WORLD FOUNDATION

This is a blog I originally wrote in September 2010, when a certain so called American "fan group leader" began to spread in correct information in the fan community.

It has come to my attention that fans new to the fan community since June 2009 are either misinformed or not aware of the facts about HEAL THE WORLD FOUNDATION.ORG, run by Melissa Johnson.

I first became aware of Melissa Johnsons Heal The World Foundation back in December 2008, when members of MJJCOMMUNITY posted a thread about the relaunch.

Everyone was abit confused as to whether Michael in fact involved and was it the REAL Heal The Foundation.

Here are screencaps from MJJCOMMUNITY from DECEMBER 2008



















After June 25 2009, members of MJJC, along with fans all over the world wanted to do something to honour Michael, and many many people donated to this fake charity, as they they thought it was Michaels.










There has never been any documentated proof that any of the donations sent by grieving fans has been used for charity.

The saga then continued when Melissa Johnson was issued by a CEASE AND DISSIST by The Estate of Michael Jackson and taken to court.

APRIL 2010 Federal Judge Orders ‘Heal the World’ Group to Stop Exploiting Michael Jackson’s Name

Federal Judge Orders ‘Heal the World’ Group to Stop Exploiting Michael Jackson’s Name
© Business Wire 2010
2010-04-27 19:12:10 -

The Estate of Michael Jackson today announced that United States District Court Judge Dolly M. Gee granted its request for a preliminary injunction enjoining the “Heal the World Foundation” from further exploiting the use of Michael Jackson’s name, image and likeness and also from using any Michael Jackson-related trademarks.

The injunction stems from a lawsuit filed on September 29, 2009 in

United States District Court in Los Angeles against two related entities operated by Melissa Johnson in the California desert communities of Indio and Palm Desert that have been using the “Heal the World” name.

While Michael had a Heal the World Foundation, it had been inactive for many years prior to his death last June 25. The plaintiffs in the action are Jackson Estate Executors John Branca and John McClain, along with Triumph International Inc., a Michael Jackson company now owned by his Estate.

In her written order, Judge Gee wrote that the websites of Ms. Johnson’s entities “convey to consumers a false affiliation with Michael Jackson and have, in fact, misled consumers into believing that Defendants are associated with Michael Jackson or Jackson’s foundations.” She added that the decision by Ms. Johnson’s entities to use Michael Jackson-related trademarks in its websites and on products it sells “is clearly related to Michael Jackson’s commercial success.”

Judge Gee also found that Ms. Johnson’s entities violated “anti-cybersquatting” laws through its attempts to register the “mjaid.com” and “mjquotes.com” domain names, noting that using “mj” in the two domain names would likely confuse consumers into believing that the websites were associated with Michael Jackson. Judge Gee concluded that the Estate will likely succeed on the merits in trademark infringement, unfair competition and related claims. She also concluded that an injunction is in the public interest, and that the Estate would otherwise lose substantial revenue and goodwill.

“Michael had no ties to this Heal the World Foundation,” said Vincent Chieffo, attorney with Greenberg Traurig LLP, representing the plaintiffs. “We believe the court made the correct decision to protect Michael’s fans from being misled into believing they are contributing to either an official Michael Jackson charity or one of his causes.”

For the Estate of Michael JacksonSitrick and CompanyJim

These are the facts about Melissa Johnson and her Heal The World Foundation. The information was researched by long time active members of the fan community, and compiled and posted on a long running fan site.





LastTear

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Whoa Moony NOTHING gets past you, I am so impressed  :highfive:

Anybody looking at the web site (before the disclaimer) would think this was still Michael's original foundation it, still today, has the image of the world with the two childrens hands, the only thing missing is the band aid.

Offline moonstreet

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 :lasttear: you welcome  :laughing:  MJJSTREET , your one stop shop for ALL things Michael,  :purplebouncy: The American "fan group leaders" who have only been active in the fan community since June 09 pretend to know everything, and so many fans look to them for information, but in reality they know nothing about what was happening with Michael or the fan community.

LastTear

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UPDATES From http://lesliemjhu.blogspot.com/2011/03/michael-jackson-estate-vs-melissa_10.html

3/10/2011
Michael Jackson Estate vs. Melissa Johnson - Updates
More updates in the above titled case:

- A trial date has been appointed for April 19, 2011.

- The witness list has been filed. You haven't seen all these names on one page yet: Melissa Johnson, Melvin Wilson (officer for Johnson), Evan Spiegel (former MJ attorney), Mark Harrison (former MJ attorney), Michael Kane (accountant for the MJ Estate and MJ), Howard Mann, Evvy Tavasci (former MJ assistant), John Branca, Karen Langford (MJ Estate attorney), Fekix Sebacius (Bravado representative), Kristen Fancher (MJ Estate attorney), Brian Oxman, Raymone Bain, Van Alexander, Grace Rwamba, John Grant (domain name specialist), Katherine Jackson, John McClain, Stuart Backermann, Frank DiLeo, etc.
Just by looking at this list we can say that this will a final, big breakdown of all the dirty people in MJ's world.

- Johnson's attorney filed an objection against the MJ Estate's supplemental document, claiming that Johnson is entitled for all the copyrights and running her fake charity because MJ in his life didn't have problems with her work.

- Almost 2.000 items has been filed with the court as evidences.

If this case will really go on trial, that will be a hard but fast win for the MJ Estate.

LastTear

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http://lesliemjhu.blogspot.com/2011/03/michael-jackson-estate-vs-melissa_05.html

3/05/2011
Michael Jackson Estate vs. Melissa Johnson - Updates II.
More updates from the above titled case:

- On March 1, 2011 John Branca and Melissa Johnson sat down to settle the case, unsuccessfully. It means that the case will go on trial most likely.

- In a new deposition Johnson describes the story of getting in touch with the Jacksons. She claims that Katherine and Joe's manager, Henry Lowell reached out to her, started the discussions and finally introduced her to Mann.

- Johnson organised a meeting about HTWF on November 19, 2010. She got Katherine and Joe there and they decided on to merge Johnson's fake charity, and MJ's real foundation that she took over fraudently. As well they agreed on include Katherine and Joe in the board of directors. On the very same meeting they agreed on the HTWF and Vintage Pop licensing agreement.


In my opinion Johnson once might have been a great fan of MJ. But over the years something went wrong. Bothering MJ's team with expired domain names tells a lot, but that was just the beginning, and now we can see that her mental conditions dropped even more. Because of her colorful imagination she feels entitled to committing frauds and misleading people. The questions is, how big part of her motivation comes from financial issues?
If her case goes on trial, it will break down immediaetly. This whole circus is just about the American justice system, where the MJ Estate has to fight against these cases as well.

Michael Jackson Estate vs. Melissa Johnson - Updates
The recent updates in the above titled case:

- The MJ Estate filed a supplement with more allegations against Johnson. Amongst others they claim that Johnson contacted Jackson family members for supporting the fake Heal The World Foundation. Some family members even have been appointed as board members for HTWF.

- The MJ Estate claims that Johnson lied to many of the authorities, fraudently revived MJ's original HTWF saying that she has been asked by MJ to do so (according to the papers the foundation has been suspended due to non-payment of fees). Then she merged MJ's foundation with her fake one and appointed herself as the president of the survival foundation.

- The MJ Estate claims that on or around July, 2010 Johnson contacted someone around the family, and through him was able to reach Katherine and Joe Jackson, as well MJ's kids. They all have been involved with the fake foundation.

- Johnson's claims are relaying on a letter from Brian Oxman recollecting a conversation from 2005 saying: "This letter will confirm that in February, 2005, Mr. Michael Jackson instructed me to inform you that he approved of your proposals regarding Heal the World Foundation and requested that you act on behalf of the Foundation to preserve and protect it and its trademarks. Mr. Jackson instructed me to inform you to keep the Foundation active, work on behalf of the Foundation to promote its purposes and goals, run the Foundation’s operations, and revive its corporate status.”
The problem is that Oxman wasn't MJ's attorney (represented Joe at the time), and the letter itself didn't empower Johnson to take over HTWF.

- In December, 2010 Johnson entered into a licencing agreement with Mann despite the court order that prohibited her from using anything related to MJ. Even her agreement with Mann said that the two won't do anything until the case will be closed down. Opposite to this Mann organised an event in December where he mentioned HTWF as well used MJ's name, and did so continually since then together with Johnson.

- The MJ Estate claimed that Johnson and Mann continually misled the public in the appearances and interviews.

- Johnson claims in her deposition that MJ appointed her as a director of HTWF, but she never saw the actual document of this.

- All the above mentioned claims can be proved through various depositions from the past 2 months.

- A tidbit: In it's first 3 years MJ spent $21 million through HTWF.


LastTear

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3/12/2011
Fake Heal The World Foundation Items and Donations
 
In the Michael Jackson Estate vs. Melissa Johnson case the MJ Estate claims that Johnson used her fake Heal The World Foundation and MJ's name to gain money.

Below I send some websites where you can see yourself how Johnson misleads people to collect money:
http://shop.cafepress.com/heal%2520the%2520world%2520foundation
http://www.cafepress.co.uk/Admin_CP17577349.490010150
http://donations.ebay.com/charity/charity.jsp?NP_ID=32861&name=&id=32861&status=102&categoryId=619&type=NONPROFIT&itemId=&pageSize=10&pageIndex=1&sortOrder=-4
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=160513694933
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=160513396892
Posted by LeslieMJHu at 10:47 PM 0 comments   
 ******************

Michael Jackson Estate vs. Melissa Johnson - Updates
 
More updates in the above titled case:

- A trial date has been appointed for April 19, 2011.

- The witness list has been filed. You haven't seen all these names on one page yet: Melissa Johnson, Melvin Wilson (officer for Johnson), Evan Spiegel (former MJ attorney), Mark Harrison (former MJ attorney), Michael Kane (accountant for the MJ Estate and MJ), Howard Mann, Evvy Tavasci (former MJ assistant), John Branca, Karen Langford (MJ Estate attorney), Fekix Sebacius (Bravado representative), Kristen Fancher (MJ Estate attorney), Brian Oxman, Raymone Bain, Van Alexander, Grace Rwamba, John Grant (domain name specialist), Katherine Jackson, John McClain, Stuart Backermann, Frank DiLeo, etc.
Just by looking at this list we can say that this will a final, big breakdown of all the dirty people in MJ's world.

- Johnson's attorney filed an objection against the MJ Estate's supplemental document, claiming that Johnson is entitled for all the copyrights and running her fake charity because MJ in his life didn't have problems with her work.

- Almost 2.000 items has been filed with the court as evidences.

If this case will really go on trial, that will be a hard but fast win for the MJ Estate.

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=30