Marilyn’s Estate Makes Gains in Brand Dispute

Marilyn’s estate has been given the green light to pursue trademark infringement claims against merchandiser A.V.E.L.A. Inc. by the Southern District of New York, as Bloomberg Law reports. This legal battle has been brewing for several years, with A.V.E.L.A recently contending that Marilyn’s brand was ‘too generic’ for copyright protection.

“The court rejected A.V.E.L.A. Inc.’s contention that persona rights of deceased celebrities are limited to family, direct heirs, or ‘the actual estate.’ Although the estate purchased the rights, an ‘unbroken chain of title’ extends from Monroe to the estate, the court said.

The court also shot down A.V.E.L.A.’s defenses based on the First Amendment, fair use and the estate’s alleged failure to take timely action.

But the court declined to award Monroe’s estate summary judgment on trademark infringement or trademark dilution claims since material facts are still in dispute. The court also denied judgment on unfair competition despite ‘bad-faith behavior of the A.V.E.L.A. is clear’ since doing otherwise required an infringement finding.

Both sides submitted surveys reaching opposing conclusions on consumer confusion. A.V.E.L.A. moved to toss the estate’s report, but the court said its methodology objections ‘are better addressed through cross-examination’ before a jury.”

Marilyn DVD Box Set at HMV

HMV is a British retail institution, serving music lovers since 1921. Sadly, in recent times it has struggled to keep up with an ever-changing market, and is currently seeking new owners after going into administration last month. It’s still trading however, so why not support this high-street stalwart and treat yourself to this DVD boxset, exclusive to HMV and featuring twelve Marilyn movies, reduced from £39.99 to a bargain £24.99? (More details here.)

Thanks to Paul at Marilyn Remembered 

Marilyn Calendars for 2019

With the festive season fast approaching, here’s a selection of the best Marilyn calendars (and diaries) for 2019. First of all, here’s a bumper edition of high-quality images from Hugo et Compagnie

TeNeues are offering a calendar and diary this year…

Another calendar and diary, from Italy:

This US calendar is officially licensed and approved by Marilyn’s estate.

Marilyn is also featured (with Arthur Miller) in this German literary calendar from Anfang & Aufbruch

 

Marilyn ‘Shoulders’ High-School Controversy

This rather lovely photo of Marilyn in her Bus Stop costume – taken by Milton Greene on the Fox lot in 1956 – ran into the trouble this week, when a student wore the image on a sweatshirt at high school in South Ogden, Utah, as reported by Yahoo News. The image had been digitally altered to feature rapper Tupac Shakur (who once wrote a poem about MM), but that wasn’t the problem. It was Marilyn’s exposed shoulder that led a teacher to send the 13 year-old to the vice principal, who cited the garment as a violation of the school dress code – a claim  challenged by the girl’s mother.

ABG’s Jamie Salter On Marketing Marilyn

Jamie Salter, CEO of Authentic Brands Group (ABG), has talked about how Marilyn helped to build his business empire, in an interview with Forbes magazine.

“For Marilyn Monroe, Salter purchased 80% of the Monroe estate in 2012 for a reported $20 million to $30 million before slashing its 300 licensing deals—from T-shirts to refrigerator magnets—down to 80. Then he built the business back up, purchasing the other 20% of the estate and increasing the number of licenses to the sweet spot of 100, focusing on venerable brands that Monroe actually used in life—like Chanel No. 5.

‘You can sell X amount of Marilyn Monroe fragrance at a mass-market retailer, or you can do a deal with Chanel No. 5,’ Salter says. ‘A No. 5 deal doesn’t pay as well, but I think that’s important for the brand because it gives a halo effect. And the truth of the matter is, she wore Chanel No. 5.’

He [initially] went after the Marilyn Monroe business and received a no. But eventually Anna Strasberg, the widow of Monroe’s acting coach Lee Strasberg (to whom she’d left her estate), came back and agreed to a deal to sell 80%. (And three years after Salter bought into Monroe, Strasberg sold him the rest of the business.)

Monroe’s business became so successful in the years following Salter’s arrival that he ended up paying the same amount for the last 20% than he had for the first 80%. He wouldn’t reveal precise numbers, but industry insiders were nevertheless impressed.”