Yesterday, April 19, 2011, the Estate of Michael Jackson settled their lawsuit against the Heal the World Foundation. As fans were eagerly waiting to hear any outcome from the first day of the trial, TMZ posted an article stating that the two parties had reached a settlement agreement and that both Katherine Jackson and Melissa Johnson would be sitting on the board of HTWF. Soon after, the Estate released this press release:"From the Estate of Michael Jackson: Press reports on TMZ and other media sites regarding the settlement terms between the Michael Jackson Estate and the Heal the World (Foundation) defendants are wrong. The Estate is taking back the Heal the World Foundation and all of the trademarks it allegedly owned. The Michael Jackson Estate owns the Heal the World name, and neither Melissa Johnson nor her companies will ever be able to use Michael Jackson's name or the Heal the World name. "
Other reports came from the AP, stating that the rest of the terms of the settlement were confidential. With the news that Melissa Johnson could possibly sit on the board of directors for the newly formed HTWF, came an intense wave of anger and sadness. Why? Why would the Estate settle when clearly, this was a slam dunk in favor of the Estate? How did this happen?
Is this NOT the same Melissa Johnson that the Estate has been legally wrangling with for the past 18 months? Is this not, by her very own admission, the woman who stated that Michael Jackson made her the director of Heal the World Foundation in 2005, yet did not revive it until AFTER Jackson died?
Is this NOT the same Melissa Johnson, who claims Brian Oxman would testify under oath that Michael Jackson consented to her being the director of HTWF in 2005? The prosecution surely had a difficult time getting his subpoena served, and in addition asked the Estate to pay him $500 to search for responsive documents. (To be fair, Oxman finally did submit a deposition, in which he stated that Michael Jackson approved of Johnson being the director of HTWF, but had NO written documentation. Are we honestly to believe that Michael Jackson handed his charity that is synonymous with his name on a global scale, over to a virtual unknown, WITHOUT A WRITTEN CONTRACT?)
And is this the very same Melissa Johnson, who Branca stated under oath that he nor John McClain would "ever want (or ever allow) to 'represent' Mr. Jackson's charitable legacy in any way"?
Although the Estate did not confirm Johnson would be sitting on the board of the newly formed Heal the World, they did not DENY it either. And as I was still shaking with fury, the voice of reason hits Twitter with an analysis of the settlement written by Ivy from MJJC.
Ivy: Out of the original complaint, the Estate won 6 out of 7 complaints.
Justice: A few things to add.
#1, on count #1, illegal use of the name Michael Jackson, Melissa Johnson filed for that trademark on July 2, 2009, (a week after Michael died), only furthering my disgust for her. While most were truly grieving, Johnson was buying domains.
#2 on count #7, cybersquatting. We have to go back to count #6, cancellation of registered trademarks, (MJ) a false suggestion of connection. Ivy is correct that the domain names are not named. However, if we go back to 2003, when Melissa Johnson SOLD her domains to MJJ Productions, attached to the original agreement is a list of domains she owned/sold back. Here is a screen shot of the first page:
This is just the first page of seven. On those seven pages, I counted no less than 384 domains that Melissa Johnson owned that contained "MJ". It's safe to assume that in 2011 Johnson had hundreds of domains that now, the Estate owns.Ivy: Estate wins on supplemental complaints. Most importantly, Judge Dolly Gee's statement on the domain Heal the World Foundation in the injunction, leans toward a judgement in FAVOR of Melissa Johnson.
This fact is what I MISSED, yet Ivy realized. That Judge Dolly Gee would have ruled for the Estate on everything, EXCEPT that Johnson could still use the trademark Heal the World Foundation.
Where would that have left the Estate? Sure, they would have gotten all the trademarks back, except for Heal the World Foundation. Yet, this would have meant that Johnson could have continued using her website, without the direction of a seasoned attorney and his team.
With that in mind, do I really care if Melissa Johnson is sitting on the board of Heal the World Foundation, under the DIRECT SUPERVISION of John Branca? (I actually find it hilarious and wholly ironic, but I will reserve comment.) Do I care that it's more than likely that Johnson has absolutely no authority in the new and improved Heal the World Foundation? In the scheme of things, no I really don't care. Johnson is insignificant.
My thoughts moved to what MICHAEL would have wanted. In his trust, he designated John Branca, John McClain and Katherine Jackson to find the charities that would receive 20% of his trust. Would Michael have wanted Branca, McClain and his mother to revive Heal the World Foundation, synonymous with his name, and working with his children to heal the world and make it a better place? I believe he would.We have been tweeting #RespectMJsWishes, and by standing behind the Estate and Katherine Jackson (who we FULLY support), to help revive Heal the World Foundation, to make the world a better place, we truly are respecting Michael Jackson's final wishes. For you and for me and the entire human race.
Lessons learned? First, listen to level headed people like Ivy. Second, if I ever decide to trademark TEAMBRANCA, remember to NOT let it expire. :)
13 comments:
"While most were truly grieving, Johnson was buying domains."
EXACTLY! and Mann was contributing to her deceptive activities.
if the outcome of the settlement would be that a reemergence of HTWF, legitimized and supervised by MJ's Estate, would include MJ's mother and children, but removed (or in some reasonable way, incapacitated) any who have/would continue to deceptively seek to earn revenue via MJ's intellectual property et al and/or deviate from MJ's charitable intentions that earned him the respect that he deserved for HIS efforts, then there indeed is hope yet. there is nothing more damning for a charitable organization than a lingering suspicion of misappropriation of funds marring its reputation. if it is revealed that the HTWF is to continue on with the consent and supervision of MJ's Estate, then Katherine Jackson and MJ's 3 children, alongside MJ's Estate, have the opportunity to do a great deal of good here. they have the opportunity to build upon what MJ started, in HONOR of MJ's wishes and HIS legacy of giving and inspiring hope. but to be successful in such an endeavor, they must do this together, and, ideally, effectively eliminate any tarnish left behind by Johnson and Mann, as they have proven a lack of respect for MJ's expressed wishes, his fans, and the true meaning behind HIS beautiful message to Heal the World.
The estate immediately needs to TAKE DOWN Johnson's Heal the World Foundation website showing pictures of Katherine Jackson with Melissa, and more disgustingly Michael's beautiful children as members of the "youth board of advisors." As of yesterday, this website is still UP, complete with the prelim injunction information readily displayed, but unfortunately with MJ3's pics among the mess. Thank you, Justice, for your work in educating the fans throughout.
I must have been in the minority but I truly never reacted as if the Estate was losing or "selling" out by settling. As clearly stated in the posted piece from MJandjustice4some,( and also applause to Ivy's deductive work) it is imperative that the estate owns the name. The chance of losing the ownership of the name was not a risk worth the crap shoot. Had the name sill belonged to Melissa, even with the trademarks back in the Estate's hands and the rule that MJ's name not be used in place - the sheer inferential advertising of it being an MJ charity would have still gone on since Joe, Kath and the MJ3's were all present. The estate could not stop the family from being part of that charity and thus the public would continue to associate it with Michael. The absolute only way for the Estate to step between the false advertising and also to have a say over protecting what sort of charity Michael's children were being used to promote was by the Estate securing the name (in addition to the trademarks) and then making HTWF it's own supervised charity. We must remember that we do not yet have the details. There is lots of conjecturing because that's what interested people do in the absence of real facts. I believe that Johnson was willing to conceded the name for a price since clearly money has been her impetus. Branca is a brilliant man and from what we do know -- from the bare bones of the information we have from the Estate's brief disclosure: The Estate came out on top in every one of the pivotal issues.
Great Post and Justice !!!
Keep up the great work..Love reading it:-)
thanks justice, very good blog :)
just wanted to post this recent and more detailed statement from the executors, released today:
'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 tha...t 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'
http://www.twitlonger.com/show/a07s39
Thank you Justice, for all your good blogs and for making mjjcomunitty your home. After MJ pass away it's like all hell has brake loose in his world the fan community was split in many a direction some with hate so strong that one cant read from there blogs without getting a full mind and body wash while wondering if those are really our sweet Mj fans.
My home was Mj.com and after reading justice blog I started to stop by on till I fully move in (I don't know how justice is going to evict me because I have taken a room in the attic with on intention of leaving)
Sunday we had bunch to sand Mann a message that the Mjjcomunitty would like him to beat it it went very well and we were all on a high for the showdown come monday between MJ estate and Melissa Johnson HTWF.
On my phone I have twitter open so I don't miss anything and for backup I
have mjjcomunitty.com thread open ivy will check in and up date,
Twitter drop the fist bombshell the. Estate settle with HTWF and they can use MJ name and likeness, well my nerd-ness kick it and my brain refuse to work I ask justice to explain to me what is happening he direct me to the source TMZ, (but most of us don't go to that site and would not be caught dead there) my brain must have kick in because I remember my backup mjjcomunitty.com, I read it there. Yes they did, now my brain fully don't function because I don't get it. They had the case (most fans was looking for total elimination) I was looking for a win and if we get anything extra so be it., and we temporary forget KJ and Mj3.
Some good fan come and say guy clam down this is from TMZ they might not get it right, well as it turn out TMZ did not get it right while we were waiting for
the estate to tell us what really happen some was getting drunk and my brain
fully kick in, we get the wise word from the two Johns who know we need to be
put out of out misery,(judging by all the email and twit they must have been
getting) the estate get all they wanted and then some, it look like they got KJ yes Katherine Jackson may be the most important gain for the estate.
If they can have KJ inside busy doing something and keeping her out of trouble, it was wort all the settlement in the world, fan don't want to choose between KJ and MJ,
The two John have a lot of cleaning up to do, to repair the damage that was done to KJ and HTWF reputation it's going to be a hard sell if mS Johnson is on board, but it was pointed out to me two years ago MJ estate executor was a hard sell and know they are sold to fan ( Brancra is our new best friend and I say this wearing my helmet) he stand beside MJ in death fully knowing what he was taking on ( Mj family and his fans) not a easy road most would have sellout and be on there merry way.
So I say thank you to the two Johns for sticking with a boat full of hole on the High seas, and one of those day we are going to say land ho land ho.
Lesson we should Lean but might not learn wait for the true source of the story to say yes this is so. As for me I am waiting for the estate to tell us MS Johnson is still in the mix. which might take 90 or so days.
@June we got some more wise word yesterday sparkle just post, it look like the estate will need time to straighten out the mess so we may not see much on till 90 days, in the mean time we can sand the estate thank you and ask them nicely to have the children photos remove from the site.
I think The Estate was kind to Johnson.
Think about it...
The arrived with boxes of stuff on her to court & court only lasted one day, rather than 7 - 10 days.
FOLLOW-UP message from John McClain and John Branca regarding HTWF
http://www.legendarymichaeljackson.nl/
Hi Bridgett - about asking the Estate to remove Michael's childrens' pix from the phony HTWF website, in response to my email thanking the Estate and asking that this be made a priority, the MJOnlineteam said "yep, we are on it!" Let's hope it happens really, really soon.
Retraction from Larry Nimmer concerning HTWF settlement. Please see video: http://youtu.be/DPzUD3b980o
One of the comments below video that I felt was worth repeating:
"I just want to thank you for being honest & courageous to admit that you made incorrect assumptions in your reporting in the other video, by posting this video with the correct information. Thanx for being honorable enough to correct this. Much Love and Respect to you."
I saw the video and think it. Was kind of him to come and say he got it wrong.
"he talk to her and believed she was on the up and up" know he know no one don't give you the go ahead to do business without writing out the tearm of agreement.
she buy those trademarks for one reason and one reason only and it had nothing to do with protecting them, but everything to get Mj or his people to have talks with her.
I hope it turn out well for her, her intention may have been good but she go about it the wrong way.
They keep saying it was David taking on Goliath but forgetting that David had Devine help on his side, ms Johnson should have get some Devine help before she take it up on her self to attack Goliath.
Justice???? THE ESTATE IS JUST AFTER MICHAEL´S MONEY!!! THEY ARE THE MONEY-GRUBBERS!!!! The Estate tells us what we want to hear, but the truth is completely different.... I do not believe them when they say that they act in te best interest for Michael, his family and his legacy!!! Michael said in his songs: "they do it for the money, anything for money"..... and that is just what the Estate is doing: they do it for the money... just like Sony is doing it for the money: just like AEG is doing it for the money!!!!!!
Justine, what do you want the "estate" to do? How are they the "money grubbers"? How can they be "money grubbers" when the estate is still in probabate and any additional monies have to be approved of by a judge?? Also, when Katherine needed money over and above her allowance, her wish has been granted. How do you think the house renovations are being paid for? Certainly not out of her allowance. How about Howard Mann? Is he not a "money-grubber"? Someone that has involved himself in the porn industry does not do so for the better-ment of humanity. Is this the kind of person you want Michael's mother and children to be influenced by?? Why is it alright for Melissa Johnson to essentially bankrupt a CHARITY in order to buy domain names that, by the way, are associated with one of the most influential entertainers of our time, or any time, for that matter? To protect them for Michael's children?? How?? There are far too many parasites that would want to take advantage of Michael's family inorder to get to his money. Branca and McClain have been in the process of solidifying the future of the Jackson estate for Michael's children. That's a fact. Michael's children will never be destitute and when they come of age, there father's legacy will be intact...because of Branca/McClain and, most importantly, their father.
Branca is not an idiot. He's not going to intentionally upset Michael's very loyal and very vocal fan base, who are largely college educated professionals in the prime of their lives. The way he manages Michael Jackson's estate now will reflect on him far into the future. Branca has his own legacy to manage and I believe that DOES matter to him. I trust him a hell of a lot more than the likes of Howard Mann.
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