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Initial TMZ Story
A company that owns the rights to license all things Michael Jackson is going after MJ's dad, Joe -- indirectly -- claiming he's involved in a business deal that shamelessly exploits his dead son.
TMZ broke the story ... Joe Jackson was pushing the new "Jackson" scent line at the Cannes Film Festival last month on behalf of a company called Julian Rouas Paris. But according to a new lawsuit, J.R.P. never obtained permission to use Michael's name and image in connection with the product.
Now, Bravado International is asking a federal court in Los Angeles to force Julian Rouas Paris to immediately strip anything MJ-related from their smelly product line ASAP.
Bravado is also seeking [B]$750 for each time MJ's name and likeness were used on a product PLUS three times the amount of profits they've made on the scents PLUS more than $150k in damages.
A rep for Bravado tells TMZ, "Michael Jackson's talent made his name one of the most valuable in the history of entertainment, and no person acting on behalf of the estate gave Mr. Rouas oral or written consent to exploit it."
http://www.tmz.com/2011/06/09/michael-jackson-perfume-scent-cologne-joe-jacksno-cannes-lawsuit-bravado-international-julian-rouas-paris/
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June 2011
I got the complaint file from the court
- It's a trademark, copyright, right of publicity infringement and unfair competition lawsuit.
- They are suing Frank (Julian) Rouas and Julian Rouas Paris Inc. Joe isn't named as a defendant.
- Complaint alleges that they are using Michael Jackson trademark or a mark confusingly similar, MJ's likeliness and/or pictures.
- Therefore it deceives public about the source of the merchandise and aims to cash in on Michael Jackson's reputation and harms MJ Estate.
- Bravado says that Julian Rouas Paris has used a photo from 1985 Official Michael Jackson Calendar in advertisements and promotion. (Note: It's the photo that Michael wears Thriller Jacket)
Bravado wants
- preliminary injunction to stop them using MJ's name, trademark, likeliness, artwork. photographs or anything confusingly similar
- permanent injunction to stop them selling them the above mentioned merchandise
- 3 times the profits from merchandise or 3 times the damages of the Estate , whichever one is larger + attorney fees + lawsuit costs
- $750 for each name / likeliness used on each different product + punitive damages + attorney fees
- $150,000 for the photograph used in advertisements
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Nov 2011
The Bravado Lawsuit againt Joe's partner Rouas has been silent for quite some time. The judge in the case has asked for an update. It turns out Bravado is having a hard time to find Rouas to serve him with the legal papers. It seems that every address Rouas used for himself & business turned out to be fake.
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January 2012
Bravado served Julian Rouas with the summons and complaint on January 21 , 2012 - yes on the perfume launch event.
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Pictures from the January 2012 Launch
TII logo
Looks a lot like Michael performing Billie Jean
Michael's Toe Stand logo is in their logo
Not 1 but 2 actual pictures of Michael on the packaging
fyi - neverland, thriller and king of pop is also trademarked
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February 2012
Rouas responded the complaint denying everything.
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March 2012
The lawyers for Julian Rouas ( Joe Jackson's partner in Jackson perfumes) is asking to withdraw from the case as a condition in their fee agreements has not been satisfied - in other words for not being paid.
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March 2012
Bravado has updated their original complaint
1. They added a complaint for "King of Pop" trademark
If you remember the packaging had a reference to "in memory of king of pop".
2. More interestingly they added a copyright claim that includes pictures from the "Ultimate Collection".
It seems Bravado realized the MJ Toe stand pose in Rouas / Jackson logo.
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April 2012
Update
Rouas's lawyer had asked to be removed as counsel claiming that Rouas did not satisfy a condition in their fee agreement - meaning he wasn't paid. Judge approved the lawyer's motion to withdraw.
Corporate parties cannot represent themselves at court so Rouas is required to find a lawyer for "Julian Rouas Paris Inc." by April 13. Court will held a hearing 10 days later.
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April 2012
Update:
Rouas has found a new lawyer.
Rouas has filed a motion to dismiss the case or alternatively asked it to be moved to Nevada as Rouas's place of residence and place of business is Nevada.
In the court documents Rouas says
- he's a citizen of France
- he has been residing in Nevada for the last 2 to 3 years
- perfumes and packaging is done at France
- his primary place of business is the kiosk at the Fashion Mall in Nevada / Las Vegas
- he's in a difficult financial situation.
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August 2012
Bravado and Rouas will sit down for settlement discussion Settlement on September 27, 2012 at 1:30 p.m.
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November 2012
I just checked Bravado - Rouas lawsuit. There has been a settlement. So that explains why Joe ended his relationship with Rouas. It's probably because Rouas got shut down.
Case No. 2:11-CV-4859 JAK (JEMx) Date November 8, 2012
Title Bravado International Group Merchandising Services Inc -vs- Julian Rouas et al
A Settlement Conference is held in chambers. Parties reach a settlement agreement. The case is
dismissed without prejudice to the terms of the agreement. The Court will retain jurisdiction to enforce
the terms of the settlement. The terms of the settlement shall remain underseal. Plaintiff shall submit a
proposed order with injunction along with a proposed order of dismissal without prejudice by
January 7, 2012.
The December 27, 2012 motion for summary judgment, January 22, 2013 final pretrial
conference, January 22, 2013 exhibit conference and February 5, 2013 jury trial are taken off calendar.
IT IS SO ORDERED.
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January 2013
As you know the parties have said they reached a settlement but they are yet to file the dismissal of the lawsuit. This friday Bravado's lawyers asked for an extension until January 28.
They said "defendants (Rouas) signed the settlement agreement but made a change that was unacceptable to the plaintiff (bravado) and was not consistent with the agreement reached at settlement conference"
so it seems Rouas is still after some monkey business.
January 2013
According to the settlement
- Rouas cannot use Michael Jackson name
- Rouas cannot use Michael Jackson likeliness
- Rouas cannot use Michael Jackson trademarks including but not limited to King of Pop as well as the names Jackson Legacy, Jackson Tribute, Jackson Legend.
- Rouas cannot imply that Michael Jackson has any association with the perfumes.
- Above limitations does not prevent Rouas from using Joe Jackson and Jackson family's name and likeliness.
- Above limitations does not prevent Rouas from using Joe Jackson Legend or Jackson Family Legend, Joe Jackson Tribute or Jackson Family Tribute,Joe Jackson Legacy or Jackson Family Legacy names.
- Rouas agreed to pay confidential amount of money to Bravado.
- Each party is paying their own legal expenses.
ps: It turns out the only part of the settlement that's confidential is the money amount.
They say Rouas will sign the settlement agreement without changes soon. We will see.