The promoter of a Michael Jackson tribute show called ‘MJ Live’ has sued the late musician's estate after it sent cease and desist letters to various American venues that are set to stage the production. The estate wants those performances cancelled on intellectual property grounds.
The lawsuit filed by promoter MJL 12 LLC states: "Defendants have recently sent cease and desist letters to … venues in California, Florida, Illinois, Ohio and Wisconsin where plaintiff intends to perform its 'MJ Live' shows and … demanded that plaintiff and these venues cancel the 'MJ Live' performances altogether".
The estate accuses MJL of infringing one of its trademarks, it having formally registered 'MJ' as a standalone mark with the US Trademark Office last year. However, the promoter argues that - because it has been staging 'MJ Live' shows since 2012 - it has "superior rights" in that title.
There is also an allegation that the tribute show is infringing Jackson's publicity rights. However, on that, the promoter argues that "it has a First Amendment right of free expression under the constitutions of the United States and the state of Nevada ... to impersonate Michael Jackson [in] its 'MJ Live' performances".
The promoter has gone legal in Nevada, because - while it also tours - the primary base of 'MJ Live' is Las Vegas. The lawsuit seeks a declaration from the court that no trademarks or publicity rights are being infringed by its Jackson tribute show.
One of the reasons why the estate may have taken an interest in 'MJ Live' now is its involvement in the 'MJ The Musical' stage show, which opened on Broadway in 2021 and then embarked on a US tour last year. That project also presumably prompted the registration of the MJ trademark, the process of which began in 2019.
The MJL lawsuit notes this, and even accuses the estate-sanctioned musical of infringing its common law trademark in the title 'MJ Live', because - it says - the 'MJ The Musical' logo is similar to the one it uses for its tribute show.
So that's fun. The estate is yet to respond.
