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MJ Estate is asking for a Partial Summary Judgement in Mann trial

 

Estate is asking the court to determine that (main and summarized points)

 

1. Mann / Vaccaro do not own Michael's intellectual property because Michael was not a part of the Jackson's bankruptcy and the bankruptcy only consisted of physical items and not intellectual property. (The list of the items include intellectual property for some old Janet Jackson, Jermaine and Tito songs. There's no mention of intellectual property of Michael in any documents)

 

 

2. 2004 MJ -Vaccaro lawsuit is different than the current lawsuit. (Mann also argues that 2004 MJ- Vaccaro lawsuit protects them but Estate says the current lawsuit only includes events happened on or after 2009 and therefore a totally different lawsuit. Furthermore as that lawsuit was never tried, it can't be used as an immunity.)

 

3. 2004 MJ Vaccaro lawsuit wasn't tried in court.

 

4. Mann / Jacksonsecretvault is not a service provider and did not have a copyright infringement policy. (Estate says Mann's defense of they are service provider and the users posted the content is not true as they are the ones that posted the items on their pages such as Opis None / Destiny remix and TII pose. )

 

5. It's undisputed that Mann used the copyrighted items owned by MJ Estate such as TII, Smooth Criminal Lean and Thriller 25 on his website. (Mann admitted to it)

 

6. Domain names are a bad faith intent to profit from Michael's name. (as they include Michael and/or Jackson)

 

7. Mann used Michael's likeliness on their logo. (Smooth Criminal lean, Mann admitted that it was designed to look like Michael)

 

8. Regardless of any physical items they might own, Mann/Vaccaro does not have rights to Michael's intellectual property as well as right of publicity. (all of these are controlled by MJ Estate and Mann didn't ask for Estate's permission)

 

9. Get Mann to give accounting to MJ Estate

 

10. Issue permanent injunction

 

11. Refuse some of the claims of Mann such as statue of limitations has passed

 

12. Declaratory judgment that Defendants do not own anything belonging to Jackson, including any

intellectual property embodied on or within the Subject Property.

 

MJ Estate has filed a joint stipulation asking to add Vintage Associates - Henry Vaccaro - as a defendant to Mann lawsuit. 

They state that during the discovery they found out that the memorabilia inventory (pictures, songs, clothing etc) is actually owned by Vaccaro's company Vintage Associates and Mann uses the items under a license. They also say that Vaccaro has signed a verification as President of Vintage Pop