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Nearly 60 years after her death, Marilyn Monroe is still a popular choice for cups, T-shirts, jewelry and other items that use her name – even without permission.
Authentic Brands Group LLC, which owns the title of the former movie star and the slogan “Diamond and Girlfriend’s Best Girl” and her hit song, has won a court order ruling over the property of millions of retailers. false.
The company has written in court that it is working with markets like Amazon.com, Alibaba, EBay, Joom and Wish to close the site, but that is not enough. The filters in the courts look closely and covertly to identify the perpetrators, file a lawsuit and sign the courts before they know they have been beaten.
“If you suspect the defendant is working at sea and you’re working in the a-mole area, you have to be skilled,” said Anthony Dreyer, a well-known lawyer with Skadden’s New York company.
Dreyer, who has not participated in this, specializes in sports and entertainment and represents the National Hockey League in false closing suits. Seizure of illicit goods is not always possible and will not solve the problem, he said.
“You want to improve the chain and you want it to be harder for them to do business,” Dreyer said. “The advancement of various payment methods makes it difficult to extinguish the property and seize the property.”
Cases like the Marilyn Monroe case are on the rise because consumers are shopping online with little understanding – or even concern – real and false.
“Over the past year, especially with Covid-19 and many online consumers, fraudsters have become more sophisticated and seized the opportunity,” said Tiffany Pho, anti-fake manager at the International Trademark Association.
According to the agency, by next year, the total number of counterfeit eagles, including the digital eagle, will reach $ 1.9 trillion a year. Online shopping is very popular because fraudsters come from all over the world and there are many ways to hide, Pho said.
Monroe was 36 years old when he died on August 4, 1962, in a major career, which included such popular films as “Gentlemen Prefer Blondes,” “Bus Stop” and “The Seven Year Itch.”
The actress, who is known for her long and curly hair, has inspired generations of comedians and remains one of the most valuable assets, ranked 13th in Forbes’ list of “highest paid celebrities.”
His place, along with other intellectual property rights, was divided, with 25% going to his mentors and 75% to a well-known teacher, Lee Strasberg.
After Strasberg’s death in 1982, the rights granted to his third wife, Anna, and Authentic Brands eventually became the property’s owner. The growth of artistic freedom has been denied for many years but the ownership of Monroe’s name and the name of his famous song is well known by Authentic Brands.
Marilyn Monroe is also known for her ‘Happy Birthday’ performance to United States President John F. Kennedy at Madison Square Garden in 1962, when she wore this dress [File: Cecil Stoughton/White House Photographs, John F Kennedy Presidential Library and Museum via AP]
“They have an unmistakable beauty that still sounds great,” said Jay P. Kennedy, assistant professor and senior research assistant at the Center for Anti-Counterfeiting and Product Protection at Michigan State University. “It represents part of the history and culture of this country that people are familiar with.”
This makes his name and image valuable to all legitimate companies that allow freedom from Authentic Brands and those who do not.
And Marilyn Monroe is not alone. Almost everything on the market has a form of fraud that is sold at a low price, Kennedy said.
“As a consumer, if you go online and search for something, we don’t know what is known, what is free – we just know what we want,” he said. “One of my co-workers joked that if you are a company and make something but you are not dishonest, you are making something out of nothing.”
Decades after her death, Marilyn Monroe’s fascination with life, photography, fashion, and movies continues [File: Mark Lennihan/AP Photo]
Companies including cigarette manufacturers Philip Morris International and business groups last month formed a new group, United to Protect America from Unlawful Commerce, or USA-IT, to create new ideas for coercion and public education.
Congress is also considering legislation that would force retailers to provide more information so that consumers know what they are buying.
Monroe’s fortune was able to produce a place with some leaves.
On June 25, District Court Judge Michael Brown filed a motion to reopen the order to freeze the assets of other companies, which did not respond to the lawsuit. Attempts to reach the consortium have not been successful, or they have simply stated that the issue has been settled.
Authentic Brands, which also represents the positions of Elvis Presley and Muhammad Ali and affiliated with Izod, Brooks Brothers and Forever 21, declined to comment on the controversy. The company is looking into the public, people familiar with the matter said in May.
The case is The Estate of Marilyn Monroe v. 3D Home et al, 21-2214, U.S. Regional Court in Northern District of Georgia (Atlanta).
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