A warning about using "Michael Jackson" to make money

The Article Master

15 years ago

Good advice. I am not supporting the people selling his domains to capitalize.

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DeePower

15 years ago

It's a brand name just like any other brand name. It can't be used without permission. The exception is that he's a public figure so there is some leeway for news items and expressing opinions.

There is major money in that name.

Dee

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phantom76

15 years ago

Yes, CNN was showing that GoDaddy alone has registered more than 7000 Michael Jackson domains in 3 days since his death. I think all these domains breach trademark.

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DeePower 15 years ago

Not only that but any revenues made from using the name may have to be paid to the estate. Plus you leave yourself open to lawsuits. And not just from the family. Sony Music owns www.michaeljackson.com Go to the very bottom of the first page. Sony is not going to take poachers lightly.

Dee
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tj

15 years ago

Originally Posted by phantom76

Yes, CNN was showing that GoDaddy alone has registered more than 7000 Michael Jackson domains in 3 days since his death. I think all these domains breach trademark.

At least a nice income for Godaddy (Domain fees) - even if the 7000 domain owners cannot use their new domains.

Timo

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Magic Johnson

15 years ago

Originally Posted by phantom76

Yes, CNN was showing that GoDaddy alone has registered more than 7000 Michael Jackson domains in 3 days since his death. I think all these domains breach trademark.

That's around 700+ people at least with zero to know business mindset. Sorry but it has to be said, this will die off as fast or faster than SwineFlu.

It's a fad, I bet there are folks regging michealjacksonfuneral etc. Why not make it something positive instead. People are stupid beyond belief on the Internet. And no I am not speaking of everybody. Just a little crowd that has zero clues on how life work it charms.

I actually believe if you do it right, it's indeed ethical of course. But I am concerned with everybody that believe they will generate a six figure income because they have regged a few M-J domain names.

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Michael Oksa

15 years ago

Hi Dee,

Yeah, you have to be careful. The same warning may apply to photos and video with his/her likeness.

Estates can be very protective of their deceased benefactors.

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Steven Fullman

15 years ago

Originally Posted by Michael Oksa

Hi Dee,

Yeah, you have to be careful. The same warning may apply to photos and video with his/her likeness.

Estates can be very protective of their deceased benefactors.

Mike!

I was just thinking...I haven't seen Modus Operandi around here for a while.

Nice to see you again...

Steve

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Michael Oksa

15 years ago

I'm not a lawyer either, but it may or may not be a trademarked name. That may make a difference, though I'm not sure how.

It makes sense that there are ways you can use the name correctly (news, sharing personal stories, reviews of his music, etc.), or incorrectly (misrepresentation, republishing lyrics or music without the proper clearance, etc.)

Not sure how the selling of doamin names would figure into it.

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rapidscc

15 years ago

I was wondering what will happen for graphics taken from domain which are commonly known for their creative commons license..will they be exempted...if they display materials related to MJ

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DeePower 15 years ago

I would be very careful using any image. Public figures have less rights to their images than other folks because they are public. A movie star can be photographed caught topless at a beach and that photo sold to a newspaper. However either the photographer or the newspaper owns that image. It's not public domain.

You couldn't take the photo and put it on a Tee shirt and then sell the Tee shirts without permission.

Dee
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Cyrus 15 years ago

one of friend made $500 from Adsense, Another friend made $2000 from CPA, promoting MJ Ring Tones offers. This isn't good to make $$$$ from Someone's Death
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- Ray Erdmann 15 years ago
  
  Originally Posted by Cyrus
  
  one of friend made $500 from Adsense, Another friend made $2000 from CPA, promoting MJ Ring Tones offers. This isn't good to make $$$$ from Someone's Death
  
  Are you saying it's wrong for 'us' Internet Marketers to make money off of someone being dead, or are you saying it's not a good idea for ANYONE to make any kind of profit off of someone being dead, for instance the 'estates' of say Elvis, Sinatra, Tupac, etc., etc., regardless of who they are and/or the connection to the 'deceased'.
  
  Thanks for the clarification.
  
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- n7 Studios 15 years ago
  
  Originally Posted by Cyrus
  
  one of friend made $500 from Adsense, Another friend made $2000 from CPA, promoting MJ Ring Tones offers. This isn't good to make $$$$ from Someone's Death
  
  But it's alright for the record label and various other leeches to make money off the sudden surge in album sales since his death?
  
  I'm not saying it's morally the right thing to do.
  
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JB

15 years ago

The whole concept of cashing in on someone who has just died leaves a bad taste in my mouth - regardless of who they are.

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penny_preston 15 years ago

Same here! He was persecuted in life - please leave him alone now he's dead.
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Nonny

15 years ago

It's not just the trademark issue. In California (and I believe some other states and countries) there are laws that protect the "right of publicity" to both the living and the dead.

Practitioner's Guide to California Right of Publicity Law
California Celebrities Rights Act - Wikipedia, the free encyclopedia

And anyone who paid big bucks for a Jackson domain might find it taken away without any compensation. Here's an example of that:
http://www.wipo.ch/amc/en/domains/de...2009-0067.html

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Slyknight

15 years ago

Great thought..

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ChrisByrns

15 years ago

congrats to the winners..

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Sergiolbd

15 years ago

Good thing to know, i was not planning on making money of michael jackson dealth,

but its still good to know

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MichaelHiles

15 years ago

Well, there IS such a thing as "fair use".

Even WebMD had a feature article about him on their home page. I am pretty sure they didn't pay any royalties to use his name.

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JamesJeffery

15 years ago

I have a facebook fan page with 60,000+ members but I am not using it to make cash.

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InternetMarketingIQ

15 years ago

Michael Jackson is an extremely common name. Extremely common.

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dclozen 15 years ago

[quote=InternetMarketingIQ;928335]Michael Jackson is an extremely common name. Extremely common.[/quote

When MJ's lawers show up with their baseball bats. tell them that. A lot of coprighted names and brands are common names...

Look at what happened to McDonalds travel agency in Chicago. and the owners name was McDonald. These guys are very defensive of their trademarks and are willing to spend more than you've got to make a point...

I wouldn't push them...

Just One Man's opinion...
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Michael Ellis

15 years ago

Originally Posted by DeePower

Just because he's dead doesn't mean anybody else can make money off his name.

But they sure are trying. lol

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ZTsJourNeY 15 years ago

Michael Jackson has been monetized by so many marketers nowadays. Fans of MJ will be mad for knowing this if they have a chance.

After all, in fact we lose a legendary Pop star forever.
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- entry 15 years ago
  
  How 'corrupt' do you think it is to make money over Jacksons death? or is it fine?
  
  or is it a case of everybody is doing it, lets jump on the band wagon
  
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  TheFounding 15 years ago
  
  Yeah, but you have to think: 7,000 Lawsuits is a bit overboard. And it is. And the question comes into play whether or not michaeljackson as one word is Trademarked.
  
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billionareHuman

15 years ago

Forget the trademarking, the guy just died. Have some respect, treat people how you want to be treated.

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Michael Oksa

15 years ago

Nobody here is advocating that we should all go out and make money on his death. That isn't the issue.

The OP is simply a warning to those who may choose to do so.

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Imran Naseem

Banned 15 years ago

[DELETED]

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Jagged

15 years ago

Originally Posted by Imran Naseem

Well in a sense smart marketers are making money off Michael Jackson.

HMV have already stated sales of his albums have gone off the hook..

I saw several people today in my City selling Michael Jackson T-Shirts, Mugs and merchandise...

You could argue they are "cashing in" on his death or are they paying a tribute to him?

Ask Elvis....lol
Elvis made more money dead than alive...Michael Jackson will too.
Neverland ranch will be turned into a museum just like graceland was.
Street corner vendors will prosper....MJ impersonators will spring up everywhere & there's not much they can do about it....
I suppose they can concentrate on flagrant violations...
They couldn't stop others from making money off MJ when he was alive...how are they gonna stop it when he's dead?

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davezan 15 years ago

Originally Posted by Jagged

I suppose they can concentrate on flagrant violations...

Or those with assets worth going after physically within their reach.

Just let other folks do what they want. Good for them if they are not caught,
but I'd probably laugh at those who complained about taking the hit while the
others are seemingly scott-free.

MJ's handlers or heirs will decide for themselves whom to go after or not. One
could create a noncommercial site, but I suppose that defeats the purpose of
getting one in the first place unless one's really wanting to pay tribute to him.
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raymagnetic

15 years ago

Originally Posted by DeePower

First of all I'm not a lawyer, this is not legal advice.

Think twice about setting up a website, blog, facebook or anything else that uses the Michael Jackson name. In all likelihood it's trade marked. Even if it's not, that name is an asset and belongs to the family or to whom ever MJ's will designates.

Just because he's dead doesn't mean anybody else can make money off his name.

Dee

Tell that to the people on 125th Street in New York who are on the corners selling all types of things with Michael Jackson's likeness on it.

The news is even showing them and interviewing them even though what they're doing is 100% illegal and copyright infridgement.

There's are going to be 1000's of people getting paid off of Michael Jackson's likeness for the next few weeks.

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derekwong28

15 years ago

http://www.warriorforum.com/complete...ive-offer.html

I suppose if a lawyer here is doing it, it must be OK

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actionplanbiz 15 years ago

every that posted here with signature links are using "Michael Jackson" to make money! =D
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T.I.M.

15 years ago

I don't always agree w/ Richard Roeper but on this I do agree
Chicago Sun Times : Richard Roeper (new today)

Originally Posted by Richard Roeper

"The pop star's passing on Thursday afternoon sparked an immediate run on CDs, videos, mp3 downloads and books that showed no sign of abating . . . " reported USA Today.

"Amazon.com was sold out of its supply of Michael Jackson and Jackson 5 CDs and DVDs within minutes of media reports announcing his death."

Within minutes! Think of all those fans getting the news on TV or via Twitter or however they got it -- and their first reaction is to log on to Amazon to order up some of Jackson's music.
On Sunday, the No. 1-selling CD on Amazon was the 25th anniversary edition of "Thriller," followed by "Off the Wall," "Bad" -- and then 10 other releases from Jackson.

The No. 1 download on iTunes was "Man in the Mirror." Jackson had eight of the top 10 tunes, including "Black or White," "Don't Stop 'til You Get Enough" and "Smooth Criminal." Songs by Jackson or the Jackson 5 occupy 48 of the top 100 slots on iTunes.

Why do we do this? It's not as if you weren't going to have access to Jackson's songs on the radio over the weekend. It's not as if there was a shortage of video clips of Jackson on the weekend news shows.

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Stephen Root

15 years ago

I think we have that one "IM lawyer" here who sells those legal products. I can't recall his username but he could probably give valid legal answers to this.

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rypher21

15 years ago

..some people uses his name for marketing purposes..because they think that its a good strategy though

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Smokey_Joe

15 years ago

That reminds me of the Dr Martens ad horror - Saatchis fired over Dr Martens Kurt Cobain ad | Media | MediaGuardian...

Michael Jackson's name will continue to be exploited - if is in the spotlight, there's no way one can step backstage. However, there are limits to that, the major one being respect.

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Dave777

15 years ago

A lot depends on where in the world and how you decide on operating your business, marketing tactics and activities...

As right-to-publicity laws vary state to state and change after death...
Michael Jackson's estate will keep busy protecting IP rights

Dave

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Jagged

15 years ago

Originally Posted by Dave777

A lot depends on where in the world and how you decide on operating your business, marketing tactics and activities...

As right-to-publicity laws vary state to state and change after death...
Michael Jackson's estate will keep busy protecting IP rights

Dave

Thanks Dave for pointing this article out. It explains clearly that there are indeed laws....but those laws only affect selected people....in various locations.

I believe the information in this article answer the questions of this thread....take the time to read it.

Ken

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Andyhenry

15 years ago

I thought your post would be kidding, it didn't occur to me that people would be desperate enough to even start domain squatting with his trade mark. I suppose some people will do anything. Good advice.

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tomek

15 years ago

Totally disagree with this. Just because he's dead doesn't mean anybody else can make website about him. How about Manchester Fans websites? How about Playstation portals? This doesn't make sense.

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Kyrool 15 years ago

Well, it all boils down to whether his immediate family wishes and has the money/energy to fight for these domains. In a perfect world (if ethics are at the top of the list), no one would be even allowed to legally own any name or resemblance to any other person on earth, let alone have a product which is named after someone for the purpose of profiting from it.

But in reality, it doesn't work that way. In fact, there's no such thing as a perfect world in the first place. Most large corporations wouldn't resort to finding every other individual or business (in every continent of the world) which has a part of their name or offers similar services to theirs unless they are find it a threat, be it economically or for their own reasons.

Yes, they may have registered their trademarks but they don't have the capacity to carry out a large scale clampdown. For example, Xbox won't possibly sue every one on this earth which has a domain similar to theirs. In fact, you can even google xbox or xboxlive and there's hundreds of domains which has the word xbox on them. These sites have been around for years, yet they are still around and worse, still making money!

As long as they can't match xbox worldwide revenue or profit, I believe they're not even gonna get noticed for years to come. To be a threat in the first place, you have to be noticed. And in the eyes of these large corporations, to be noticed, is to actually affect their earnings. Cause no single organization which has a sound board of directors, would want to file a lawsuit against 7000 or even more domains/businesses/individuals just because they have the same name as its trademark. It just doesn't make any economic sense for that matter.

So there will always be generations of rogue (i call them smart) businessmen who would want to cash in on dead or popular people or businesseses, whether you like it or not. Like they say, it's just business.
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Magic Johnson 15 years ago

Originally Posted by tomek

Manchester Fans websites? How about Playstation portals? This doesn't make sense.

Yes manchester fans have been dead for years, and the Playstation is long gone. No, it just to show how biased and desperate some people are to turn a buck.

It show nothing else, and I don't tell them to stop. I just dont want to deal with their biased minds in my life time. So problem solved.

It's one thing to sell something from an artist, it's another to jump in the air, and start regging domains and what not 5-minutes after we get the news. People are living in a money illusion state, only in "certain parts " of the world.
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- kindsvater 15 years ago
  
  There is so much bad information on this thread I really don't know where to begin. Maybe I'll prepare a trademark guide for Internet marketers, because I could go on for pages to clear up all the misinformation.
  
  And so much irony, starting with how 'Magic Johnson' is a trademarked name. If you believed this thread you'd think the Warrior using that name is going to get sued. They won't. You'd think if I said Disney, GM, Microsoft, Ford, GE - I'd get sued for using trademarks without permission - even though I have a profit motive where someone sees my post, signature line below, and buys my stuff. I won't.
  
  I had a prior post on this very topic. If that other thread is still around, it will give you some better trademark guidance than this thread. Although, I must say, it seems everyone here is well-intentioned.
  
  Also, briefly, there was some earlier post about California publicity rights statutes. However, the poster apparently did not know that those laws have mostly been voided because they violate the First Amendment.
  
  Never, ever, opine about something from reading a statute without reading any legal opinions interpreting that statute. But the poster shouldn't feel bad, many out-of-state attorneys make the same mistakes - assuming they know what California law is.
  
  The law is complex.
  
  If you ever have any questions about your particular actions, or whether something is legal or not, talk to your own attorney. Don't get your legal advice from threads like this. I should add that if you don't know what you're doing, and you don't know if it is legal or not, it probably isn't.
  
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  bkdubs 15 years ago
  
  You can use the MJ domains, if you get notification on them, you are most times safe if used as a fan site.
  
  Now if you monetize the fan site that is within your rights.
  
  What you would not want to do is start a MJ product line as that would infringe on copyright.
  
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copywarrior

15 years ago

Hey Dee,

That's a great advice and something that didn't cross my mind or my client's who ordered me quite a number of articles on Michael Jackson.

I should direct him to this thread. It's always better to go the legal way.

Big thanks girl

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zoobie

15 years ago

But can a name can be trademark seriously? I can call myself Michael Jackson as well but of course I am not the king of the pop or pretend that I am...
I don't know it's just an opinion.

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davezan

15 years ago

Originally Posted by zoobie

But can a name can be trademark seriously?

A bit late but:

FAQ t120050- USPTO

A trademark includes any word, name, symbol, or device, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods.

Go to this link, search for Michael Jackson, then look for 1 "LIVE" result.

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Mac2x

15 years ago

I was just thinking...

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Kunle Olomofe

15 years ago

In the movie "Cleaner" (Samuel Jackson), the star says something in the beginning to the effect of "Dying is big business"... maybe not an exact quote, but the point is, there's nothing UNethical about profiting from someone's death as long as you're not infringing on that person's or the family's rights or privacy etc in any way.

Funeral homes, crime scene cleaning services, lawyers etc "profit" when someone dies, and there are probably a ton more professional death issue handlers that profit as well... Being in the web age adds on a new way to profit from people's death... now whether that is right or wrong I think really will depend on how it is done.

If for example an important person that is greatly loved dies suddenly, and people produce and sell memorabilia relating to that person's life, like favorite public quotes and so on, is that right or wrong? Well, really this depends on just how much the public WANTS stuff like this... With regard to MJ, I never even thought to profiting from his death, I was just sad and even got a little more than downcast by the news. I loved him and still do... no matter what folks may say, he was one in 6 billion.

But if there are people out there who WANT MJ memorabilia and are willing to pay for it, is that wrong to sell to them? If you say "Yes it is!" Then answer this...

Why has profiting from The King, Elvis Presley become a billion dollar industry over decades? And why don't people say it's wrong to sell Elvis wigs and sunglasses and costumes etc?

I think people ought to be careful about blurring the lines when it comes to profiting when someone passes on... I've never done it and doubt I will, but I am happy to raise this issue because it makes sense to be pragmatic about many things and that includes death and what happens after someone dies.

While I agree that there are taseful ways to do these things, I also agree that if the public clamors for this stuff, there is nothing wrong with giving it to them as long as you do it right and do it legally. But that's just my opinion, I'm open to differing views.

Cheers

Kunle

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chakrur4i

15 years ago

michael jackson is a name, and its a common name and I dont think anyone can have rights to copyright that name.. I dont think there will be any issue relating it. chances are very slim or you wont get in to any trouble using them. I dont think so.. people may argue on some other grounds if they are being dragged to a court which will not happen for all the people who have registered a domain with his name. thats impossible.

regards

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davezan

15 years ago

Originally Posted by bkdubs

You can use the MJ domains, if you get notification on them, you are most times safe if used as a fan site.

Now if you monetize the fan site that is within your rights.

Originally Posted by chakrur4i

michael jackson is a name, and its a common name and I dont think anyone can have rights to copyright that name.. I dont think there will be any issue relating it. chances are very slim or you wont get in to any trouble using them. I dont think so.. people may argue on some other grounds if they are being dragged to a court which will not happen for all the people who have registered a domain with his name. thats impossible.

Kindsvater wasn't kidding when some (or many?) well-intentioned people post
bad so-called advice. If others listened to what you two posted and later got
into trouble, what are you two prepared to do for them?

As kindsvater also said, the law is complex. And very complex, at that.

While it's true some fan sites with especially link ads seemingly get away, not
all of them do if their respective trademark holders decide to hold them liable.
Not all people who violate speeding laws get caught by cops, but those that
do pay a price.

If some of you folks think personal names can't be trademarks, then please do
read my previous post on this page. They don't give them absolute, exclusive
claims over others with the same names yet different uses, though, as singer
Keith Urban tried but failed to wrest his domain name-sake from its owner who
shares the same name.

Tell you what, though: don't listen to me either, and feel free to verify what I
posted here elsewhere as well. I even know some lawyers who can help, but I
imagine some of them are maybe representing some people after listening to
some who posted well-meaning yet bad advice.

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A warning about using "Michael Jackson" to make money

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