bouee
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My understanding of the whole story is :
1 Vaccaro deals with the Jacksons, they don't pay him , that's how he ends up with all the stuff
2 Michael and Janet, who are victims in the story, try to get their stuff back, (not the whole stuff, only their stuff) but they can't
3 Vaccaro creates Vintage Pop, and sets up a pay per view website, to display the memorabilia
4 Michael sues him in 2004 or 2005, on copyright infringements, etc ... He sued Vaccaro for displaying the stuff and making money out of it. But after the trial, Michael somehow fails to make a deposition, his lawyers are not paid, they don't take care of the lawsuit (obviously, he must not have been aware of what was going on if it happened that way). A default judgement is entered against Michael, preventing him from sueing Vintage Pop again for the same reasons.
5 Vaccaro sold Vintage Pop to Mann, and Mann believes he has the right to use this stuff, and can't be sued for copyrights infringements, cybersquatting, etc...
From Leslie's blog , an interview she did with Vaccaro
http://lesliemjhu.blogspot.com/2011/02/interview-with-henry-vaccaro.html
there is a lot of info on her blog about that.
Now from a LA Times article :
http://www.latimes.com/entertainment/news/la-ca-michael-jackson-20101212,0,2867570.story?page=1
1 Vaccaro deals with the Jacksons, they don't pay him , that's how he ends up with all the stuff
2 Michael and Janet, who are victims in the story, try to get their stuff back, (not the whole stuff, only their stuff) but they can't
3 Vaccaro creates Vintage Pop, and sets up a pay per view website, to display the memorabilia
4 Michael sues him in 2004 or 2005, on copyright infringements, etc ... He sued Vaccaro for displaying the stuff and making money out of it. But after the trial, Michael somehow fails to make a deposition, his lawyers are not paid, they don't take care of the lawsuit (obviously, he must not have been aware of what was going on if it happened that way). A default judgement is entered against Michael, preventing him from sueing Vintage Pop again for the same reasons.
5 Vaccaro sold Vintage Pop to Mann, and Mann believes he has the right to use this stuff, and can't be sued for copyrights infringements, cybersquatting, etc...
From Leslie's blog , an interview she did with Vaccaro
Q: Is it close to the truth that you didn't do much with the items over the years from a business point of view?
A: After not being able to get real offers, as you may recall Michael's value was at it's lowest in those years because of his legal problems, I then decided to do a Pay Per View web site displaying the collection. In 2005 Michael sued me, my son, Vintage Pop, and MichaelJacksonSecretVault.com for One Hundred Million Dollars, hired a high power law firm and shut down the web site. I won the suite as it was dismissed with prejudice.
Q: According to some sources you have sold the items recently to Howard Mann. Is it true? Did you keep any of the items?
A: Yes the entire collection was sold to Howard Mann. I kept some of the items.
Q: Do you have any connection with Mr. Mann and any of his entities? Mann created companies with names that are very similar to yours. As well he is using the same lawyer as you did.
A: Yes my family and I own a small percentage of the new entities in California. These entities have the same name to allow them protection under the dismissal of Michael Jackson 2005 law suite which was dismissed with prejudice. That means you cannot be sued again for the same thing. Edgar Pease is a fine lawyer he did represent me in the 2005 lawsuit. He knows all the facts that is probably why Howard Mann hired him.
Q: What do you think about the recent court case between the Michael Jackson Estate and Mr. Mann?
A: I think the lawsuit will be dismissed by the court.
http://lesliemjhu.blogspot.com/2011/02/interview-with-henry-vaccaro.html
there is a lot of info on her blog about that.
Now from a LA Times article :
http://www.latimes.com/entertainment/news/la-ca-michael-jackson-20101212,0,2867570.story?page=1
But when Mann introduced himself to Katherine Jackson a few months after her son's June 2009 death, he offered her two things she wanted: money and the opportunity to protect her son's reputation from yet another damaging press report.
Both stemmed from his purchase of an enormous memorabilia collection that Jackson's parents had originally assembled for a planned family museum. Katherine and Joe Jackson subsequently developed financial problems and the collection was sold at a 2001 bankruptcy auction. Eventually, the memorabilia came into the possession of a New Jersey construction company owner, Henry Vaccaro Sr., who set up a pay-per-view website to profit from the material.
Michael Jackson sued Vaccaro and his company, Vintage Pop, for copyright infringement, cybersquatting, violation of his privacy rights and other claims in 2004, but the next year after his acquittal on child molestation charges, he decamped to Bahrain, refused to submit to a deposition and stopped paying his lawyers. A federal judge dismissed the case in 2006 "with prejudice" — meaning the singer was barred from refiling the same claims.
After Jackson's death, word that Vaccaro was trying to sell the collection reached Mann. He wasn't a fan of Jackson's music, but he had previously considered purchasing a music catalog of early Jackson 5 recordings and he saw investment potential in the warehouse of old costumes, yellowing papers, artwork, pictures and recordings. When he looked closer, however, he concluded that the most valuable thing Vintage Pop had was not a particular piece of memorabilia but the court decision.
As Mann saw it, whoever owned the company Jackson had sued, Vintage Pop, was forever immunized against intellectual property suits from Jackson or his heirs and had free rein to make money from Jackson's name.
"This is effectively a satellite estate. Its value is unfathomable," Mann said.
... / ...
Mann's theory hasn't been tested in court, but Loyola Law School professor Georgene Vairo said that from a civil procedure standpoint, Mann appears to be on solid legal ground.
"It's kind of like the civil equivalent of double jeopardy. You get one bite at the apple and that is it," said Vairo, a civil procedure expert. She said that by abandoning the case, Jackson "essentially forfeited his intellectual property."
"The law is rather unforgiving. [Estate lawyers] can argue that there is some reason why there should be a departure from the normal rule we'd apply, but they are going to have a tough row to hoe," she said.
Weitzman, the lawyer for the estate, said he disagreed with Mann's analysis but declined to elaborate.