Company Sues Website Over Sale of Michael Jackson Items
June 17 2010, Published 2:35 p.m. ET
Michael Jackson continues to be a money making machine and there is another fight over who is getting a piece of the merchandising pie. Bravado International is suing website Emoda.com for copyright infringement and unfair competition.
Bravado has been selling Jackson merchandise exclusively through an agreement with Triumph International- a company owned by the Michael Jackson estate which controls all rights to the pop star’s name, likeness, and trademark including the nickname ‘King of Pop.’
The company is alleging that Emoda.com have been distributing and selling unauthorized shirts and other items bearing Jackson trademarks, likeness, artwork, and photographs “that lead the consuming public to believe that said items are sponsored by or associated with and/or affiliated with Michael Jackson and/or his estate and/or plaintiff.
“Their infringing activities are particularly defiant because they have been instructed to cease and desist their infringement but have not ceased their infringing activities.
Bravado believes the website’s selling of these items “has and will infringe upon and dilute the Michael Jackson trademark.”
Bravado is asking for an injunction prohibiting the website from selling or attempting to sell the merchandise, three times the website’s profits or three times the damages suffered by Bravado or the Jackson estate (whichever is greater), attorney’s fees, and statutory damages of no less than $750 for each name and/or likeness that each defendant has used on each different product.
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