LAS VEGAS (CN) — A Nevada entertainment company is taking on Michael Jackson's estate in a lawsuit over the "MJ Live" tribute show in Las Vegas that underscores key intellectual property concerns.
This production, designed to mimic Jackson's concert experience, has attracted over 2.5 million attendees through more than 3,600 performances since its debut in 2012, according to court documents.
Jackson's estate however contends that the company MJL 12's use of "MJ" and imagery evocative of Jackson could lead consumers to believe mistakenly that the show is endorsed by the pop icon's estate.
Fighting for its right to pay tribute to Jackson, MJL 12 argues that its "MJ LIVE" trademark, through extensive use and promotion since 2012, has become synonymous with their organization. The estate's 2019 trademark application for "MJ" was interpreted as signaling future rather than reflecting prior use, MJL 12 said in its lawsuit, filed Wednesday in Nevada federal court.
Furthermore, the plaintiff company said cease-and-desist notices from the defendants have negatively affected its operations and contractual agreements.
According to court records, MJL 12's legal representatives are in discussions with the Jackson estate’s counsel, aiming to find a solution that respects Jackson's legacy while recognizing MJL 12 rights to the "MJ Live" mark.
Jonathan W. Fountain, an attorney for MJL 12, declined to comment on the case. The Jackson Family Estate, Sony Music’s Live Entertainment department and Warner Chappell Music, named defendants in the suit, did not respond to comment requests.
The worldwide music legend known as the "King of Pop" was born on August 29, 1958. After rising to prominence with the Jackson 5, his solo career profoundly influenced pop music. He died on June 25, 2009, from propofol and benzodiazepine intoxication. His passing, just before his planned "This Is It" comeback concert series, garnered global attention and tributes.
The dispute with MJL 12 isn't the first time the rights to Jackson's persona have been taken to court.
In 2022, Jackson's estate and Sony Music settled a lawsuit over allegations of false advertising concerning the 2010 posthumous album "Michael," which included three tracks sung by an impersonator. The settlement, reached before a California Supreme Court ruling and following Sony's removal of the tracks from streaming services, ended the case to avert a protracted trial and appeals process. The terms of the settlement remain confidential.
The controversy stemmed from tracks produced by Eddie Cascio, Jackson's friend, who claimed Jackson had recorded them. Vera Serova's 2014 lawsuit against Cascio and Angelikson Productions LLC accused the defendants of selling fraudulent songs through Jackson's estate and Sony Music.
Serova argued that an impersonator, Jason Malachi, supplied the vocals, referencing a Facebook post later declared fictitious by Malachi's manager.
In court, Serova contested Sony's defense of protected speech, while Sony and the estate kept that attributing the songs to Jackson was subject to public debate. A related class action was dismissed in 2014, exonerating Jackson's estate and Sony Music from claims of using an impersonator.
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