Meredith Frank Mendez
Ms. Mendez earned her bachelor’s degree from the University of Michigan, with honors, and her law degree from the University of Florida, with honors. She is Board Certified as an Expert in Intellectual Property Law and concentrates her practice in Intellectual Property Litigation, Trademark Prosecution, Copyright Law and Entertainment Law. She is a member of the Florida Bar and is licensed to practice in the Southern, Middle and Northern Districts of Florida. Ms. Mendez is also Co-Chair of the Attorney's Network of the Greater Miami Jewish Federation and a member of the International Trademark Association, the Entertainment, Arts and Sports Law Section of the Florida Bar, and LegalArt.
The administrators of Michael Jackson's estate have filed a lawsuit in federal court against the Heal the World Foundation on the grounds that the foundation is illegally using trademarks and websites that give the false impression that Michael Jackson is associated with the foundation. In 1992, Jackson founded a Heal the World Foundation based on his hit single, but that enterprise was abandoned a decade later. The suit claims that "Defendants' acts of infringement and unfair competition have been committed with the intent to cause confusion, mistake and to deceive" by including photos and trademarks of Michael Jackson, and statements made by Melissa Johnson, the founder of the Heal the World Foundation, which falsely suggest she had a history of working with Jackson's charity. Additionally, the lawsuit alleges that the defendants violated "cybersquatting" laws by registering domain names such as “mjaid.net,” “healtheworldfoundation.net,” and “mjquotes.net” that imply legitimate ties to Jackson and his estate. The website "healtheworldfoundation.net" has numerous sections devoted to Mr. Jackson and his charitable work. The defendants were also subject to a recent CBS investigative report, which concluded that their cause had become a "magnet for fans searching for a Michael Jackson charity."This lawsuit is part of a continuing effort by Jackson's estate to control unauthorized use of Michael Jackson's name and likeness.
Adam Goldman contributed to this entry.
In testimony before the House Judiciary subcommittee, U.S. Register of Copyrights, Marybeth Peters criticized the proposed agreement between Google and the Author's Guild, which would allow Google to create and maintain a vast digital library of scanned books. Specifically, this settlement would give Google the right to digitize millions of books, including "orphan books" (books for which there is no clear copyright owner), without permission from copyright holders. Consequently, Google would be shielded from liability and would establish a registry that would sell access to books to libraries and individuals. Revenue would be split among Google, authors, and publishers.
Ms. Peter's testimony, which could prove to be a crucial factor in the settlement agreement's fairness hearing on October 7th, argued that this registry created a back-door for Google to get around copyright restrictions by allowing them to sell books without prior author consent. She equated this situation to that of a compulsory license, in which the rights holder is forced to license his/her work to others, as Google would now have the right to display book text and control the sale of downloads. Most importantly however, Ms. Peters claimed that this settlement agreement usurped Congressional authority because only Congress, not the courts, can enact such licenses.