Since the death of  pop icon Michael Jackson  last year  the rate of Michael Jackson’s image on key chains, T-shirts, cups and other memorabilia has increased significantly.  Although having a key chain with MJ’s image is simply an attribute to his life and legacy,  intellectual property lawyers are anticipating  a slew of legal battles involving the exploitation of Michael Jackson’s name, music and image, largely by scammers seeking to capitalize on the pop star’s life and death. Posters, key chains, and T-shirts bearing his image could trigger copyright and trademark infringement claims.

Residents of California, where the artist lived, who exploit Jackson’s name are more likely to face liability because California has a right-to-publicity law that says the name or likeness of celeberty cannot be used commercially for endorsing products.  This right varies state by state, for example, although New York also recognizes this law but the right does not survive the death of a celebrity.  This means while New Yorkers can likely sell Jackson’s T-shirts in every corner of New York, Californians cannot stand on a corner and sell Jackson’s T-shirts without having obtained rights to do so.

According to experts in Intellecutal Property even the infamous white glove and moonwalk could turn up in a choreography infringement lawsuit.