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Men offer twist to Simpson case

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  • Alfred
    Two Indianapolis men want to put the squeeze on O.J. Simpson. The good, the bad and the beautiful Indianapolis law firm Sommer Barnard has represented numerous
    Message 1 of 3 , Sep 6, 2006
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      Two Indianapolis men want to put the squeeze on O.J. Simpson.

      The good, the bad and the beautiful

      Indianapolis law firm Sommer Barnard has represented numerous late
      celebrities and their estates, including:

      • Actress Marilyn Monroe's estate in a right of publicity case over
      photographs. The case is pending in Indiana, New York and California.

      • Jazz musician Duke Ellington's estate in litigation with Gibson
      Guitar Corp. and Baldwin Piano Co.

      • Actor John Wayne's estate in several cases.

      • Bank robber John Dillinger's estate in an Indiana case against the
      Lake County Convention & Visitors Bureau and John Dillinger Museum.
      Continental Enterprises, an intellectual property consulting and
      enforcement company, also works with this estate.

      On Tuesday, attorney Jonathan Polak filed a petition in California
      Superior Court in an attempt to make Simpson cough up $33.5 million
      for the deaths of his ex-wife, Nicole Brown Simpson, and her friend
      Ronald Goldman.
      It's been almost a decade since a civil jury ordered the former
      football star and actor to pay up. But Simpson has said repeatedly
      that he has no income to pay to Fred Goldman, Ronald Goldman's
      father.
      So how are Polak and Hoosier colleague Karl Manders going to collect?
      They want Simpson to sign over his "right of publicity" to Fred
      Goldman.
      The petition, believed to be the first of its kind, would place
      Goldman in charge of any attempts to make money off of Simpson's
      name, image, voice or likeness. For example, any profit Simpson made
      from signing autographs would go to Goldman.
      "It came to me like a bolt out of the blue," said Manders, owner of
      Indianapolis-based Continental Enterprises Inc., an intellectual
      property consulting company. "The main assets he has are his face
      and his signature."
      In the same way Marilyn Monroe's estate owns and controls when and
      where the late actress' face is used, Goldman would own and control
      Simpson's face, if the judge approves the petition.
      Sound crazy?
      Simpson's attorney, Yale Galanter, says so.
      "We've not been able to find a single case that allowed a court to
      award involuntarily the right of publicity," he said. "I don't think
      there's any legal basis for this."
      Some other attorneys say otherwise.
      "You could do it," agreed Alan Ross, an intellectual property
      attorney at Bricker & Eckler LLP cq in Cleveland. "It's a little
      scary to think about doing it. It's a different kind of concept."
      By law, a person's right of publicity is considered an intangible
      property. That's opposed to a tangible property, such as a car or a
      house.
      Under California law, intangible property and tangible property are
      one in the same.
      So that means, signing over your right of publicity to settle a debt
      would be no different than signing over your house, legal experts
      say. Both have value and are separate from you as a person.
      Still, this case could set a precedent, Ross and Polak agreed. Until
      now, only patents and copyrights have been seized as intangible
      property to settle debts.
      Using the right of publicity was Manders' idea. And it was Manders
      who contacted and sold it to Goldman.
      Goldman, who wasn't available for comment, thought the idea was odd
      at first, Manders admitted. But after several conversations, Goldman
      began to believe it could work.
      "More than anything else, I think he saw the poetic justice of it,"
      Manders said. "It was his celebrity that helped him get off. It was
      the very celebrity of his face and his likeness that could give the
      Goldmans some justice."
      In 1995, a jury found Simpson not guilty for the murders of his ex-
      wife and Ronald Goldman.
      Two years later, a civil jury found Simpson liable for the deaths
      and ordered him to pay Goldman and Nicole Brown Simpson's estate.
      However, California law protects pensions, so Simpson has continued
      to live off his NFL pension. He also moved to Florida, where a
      residence cannot be seized to settle a debt.
      Simpson has been accused of making a significant income from signing
      autographs and appearing at trade shows.
      Simpson's attorney, Galanter, said his client does make some money
      from autographs and speaking engagements, but it's nowhere near
      $33.5 million.
      "If O.J. had $33 million, the judgment would be paid," said
      Galanter, who added Simpson is "living well."
      Polak and Manders said they believe Simpson has money. But they
      admit they have no idea how much, and therefore, how much his right
      of publicity is worth.
      But they say it's not really about money anyway.
      "It's more about protection and control in the way he goes about
      using his infamy," said Polak, director and chairman of the
      Intellectual Property Group at Indianapolis law firm Sommer Barnard.
      Putting Goldman in charge of Simpson's right of publicity will take
      away his ability to make money spoofing the murders.
      For example, he won't be able to make a reality TV show, as rumored
      in the media, or get a paycheck for signing autographs at a trade
      show for fans of murder trials. At the very least, the company
      making the TV show or running the trade show would have to negotiate
      a deal with Goldman, not Simpson. That could be a deterrent.
      And perhaps, Manders reasoned, if Simpson can no longer make money,
      he'll no longer want to do such things.
      "The problem is the money," he said. "We believe that's his
      motivation for doing that."
      A hearing on the petition is scheduled for Oct. 17, although a
      resolution could come before that, Galanter said.
      "I can assure you, we will be in court on Oct. 17, fighting this
      tooth and nail," Galanter said.
    • Kenneth Irvin
      I don t belive that he should have to pay it anyway!!! If you want to sue someone,sue the LA County Prosecutors office as they lost the case.If he was guilty
      Message 2 of 3 , Sep 6, 2006
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        I don't belive that he should have to pay it anyway!!! If you want to sue someone,sue the LA County Prosecutors office as they lost the case.If he was guilty ,they should have had no problem finding him so.If not?? ALL bets should be off.That actually is double jeopardy.I know that alot of people feel otherwise.Hold people accountable!!! How many other people have or have not gotten away with something of this magnitude.Is justice blind??? NO!!!! Hell No.Leave the guy alone and let him live his life and raise his kids in peace.Period!!!! Ken

        Alfred <alfrdsmith@...> wrote: Two Indianapolis men want to put the squeeze on O.J. Simpson.

        The good, the bad and the beautiful

        Indianapolis law firm Sommer Barnard has represented numerous late
        celebrities and their estates, including:

        • Actress Marilyn Monroe's estate in a right of publicity case over
        photographs. The case is pending in Indiana, New York and California.

        • Jazz musician Duke Ellington's estate in litigation with Gibson
        Guitar Corp. and Baldwin Piano Co.

        • Actor John Wayne's estate in several cases.

        • Bank robber John Dillinger's estate in an Indiana case against the
        Lake County Convention & Visitors Bureau and John Dillinger Museum.
        Continental Enterprises, an intellectual property consulting and
        enforcement company, also works with this estate.

        On Tuesday, attorney Jonathan Polak filed a petition in California
        Superior Court in an attempt to make Simpson cough up $33.5 million
        for the deaths of his ex-wife, Nicole Brown Simpson, and her friend
        Ronald Goldman.
        It's been almost a decade since a civil jury ordered the former
        football star and actor to pay up. But Simpson has said repeatedly
        that he has no income to pay to Fred Goldman, Ronald Goldman's
        father.
        So how are Polak and Hoosier colleague Karl Manders going to collect?
        They want Simpson to sign over his "right of publicity" to Fred
        Goldman.
        The petition, believed to be the first of its kind, would place
        Goldman in charge of any attempts to make money off of Simpson's
        name, image, voice or likeness. For example, any profit Simpson made
        from signing autographs would go to Goldman.
        "It came to me like a bolt out of the blue," said Manders, owner of
        Indianapolis-based Continental Enterprises Inc., an intellectual
        property consulting company. "The main assets he has are his face
        and his signature."
        In the same way Marilyn Monroe's estate owns and controls when and
        where the late actress' face is used, Goldman would own and control
        Simpson's face, if the judge approves the petition.
        Sound crazy?
        Simpson's attorney, Yale Galanter, says so.
        "We've not been able to find a single case that allowed a court to
        award involuntarily the right of publicity," he said. "I don't think
        there's any legal basis for this."
        Some other attorneys say otherwise.
        "You could do it," agreed Alan Ross, an intellectual property
        attorney at Bricker & Eckler LLP cq in Cleveland. "It's a little
        scary to think about doing it. It's a different kind of concept."
        By law, a person's right of publicity is considered an intangible
        property. That's opposed to a tangible property, such as a car or a
        house.
        Under California law, intangible property and tangible property are
        one in the same.
        So that means, signing over your right of publicity to settle a debt
        would be no different than signing over your house, legal experts
        say. Both have value and are separate from you as a person.
        Still, this case could set a precedent, Ross and Polak agreed. Until
        now, only patents and copyrights have been seized as intangible
        property to settle debts.
        Using the right of publicity was Manders' idea. And it was Manders
        who contacted and sold it to Goldman.
        Goldman, who wasn't available for comment, thought the idea was odd
        at first, Manders admitted. But after several conversations, Goldman
        began to believe it could work.
        "More than anything else, I think he saw the poetic justice of it,"
        Manders said. "It was his celebrity that helped him get off. It was
        the very celebrity of his face and his likeness that could give the
        Goldmans some justice."
        In 1995, a jury found Simpson not guilty for the murders of his ex-
        wife and Ronald Goldman.
        Two years later, a civil jury found Simpson liable for the deaths
        and ordered him to pay Goldman and Nicole Brown Simpson's estate.
        However, California law protects pensions, so Simpson has continued
        to live off his NFL pension. He also moved to Florida, where a
        residence cannot be seized to settle a debt.
        Simpson has been accused of making a significant income from signing
        autographs and appearing at trade shows.
        Simpson's attorney, Galanter, said his client does make some money
        from autographs and speaking engagements, but it's nowhere near
        $33.5 million.
        "If O.J. had $33 million, the judgment would be paid," said
        Galanter, who added Simpson is "living well."
        Polak and Manders said they believe Simpson has money. But they
        admit they have no idea how much, and therefore, how much his right
        of publicity is worth.
        But they say it's not really about money anyway.
        "It's more about protection and control in the way he goes about
        using his infamy," said Polak, director and chairman of the
        Intellectual Property Group at Indianapolis law firm Sommer Barnard.
        Putting Goldman in charge of Simpson's right of publicity will take
        away his ability to make money spoofing the murders.
        For example, he won't be able to make a reality TV show, as rumored
        in the media, or get a paycheck for signing autographs at a trade
        show for fans of murder trials. At the very least, the company
        making the TV show or running the trade show would have to negotiate
        a deal with Goldman, not Simpson. That could be a deterrent.
        And perhaps, Manders reasoned, if Simpson can no longer make money,
        he'll no longer want to do such things.
        "The problem is the money," he said. "We believe that's his
        motivation for doing that."
        A hearing on the petition is scheduled for Oct. 17, although a
        resolution could come before that, Galanter said.
        "I can assure you, we will be in court on Oct. 17, fighting this
        tooth and nail," Galanter said.






        Kenneth M. Irvin
        Surety Recovery Service
        Oakland,CA.
        Investigations - Repossessions
        Bail Enforcement
        1-866-803-7376

        [Non-text portions of this message have been removed]
      • Alfred
        Ken, Thanx for sharing your thoughts....however there is another reality to this situation... The attorneys are going after the monies that the civil trial
        Message 3 of 3 , Sep 6, 2006
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          Ken,

          Thanx for sharing your thoughts....however there is another reality
          to this situation...

          The attorneys are going after the monies that the civil trial found
          Oj liable for. He is not being retryed, so I do not believe this is
          a case of double jeapordy. Just my thoughts and again thanx for
          your input.

          Al

          Alfred Smith Detective Agency
          Indianapolis, IN

          --- In infoguys-list@yahoogroups.com, Kenneth Irvin
          <kirvin8600pi@...> wrote:
          >
          > I don't belive that he should have to pay it anyway!!! If you want
          to sue someone,sue the LA County Prosecutors office as they lost the
          case.If he was guilty ,they should have had no problem finding him
          so.If not?? ALL bets should be off.That actually is double
          jeopardy.I know that alot of people feel otherwise.Hold people
          accountable!!! How many other people have or have not gotten away
          with something of this magnitude.Is justice blind??? NO!!!! Hell
          No.Leave the guy alone and let him live his life and raise his kids
          in peace.Period!!!! Ken
          >
          > Alfred <alfrdsmith@...> wrote: Two Indianapolis men want
          to put the squeeze on O.J. Simpson.
          >
          > The good, the bad and the beautiful
          >
          > Indianapolis law firm Sommer Barnard has represented numerous late
          > celebrities and their estates, including:
          >
          > • Actress Marilyn Monroe's estate in a right of publicity case
          over
          > photographs. The case is pending in Indiana, New York and
          California.
          >
          > • Jazz musician Duke Ellington's estate in litigation with Gibson
          > Guitar Corp. and Baldwin Piano Co.
          >
          > • Actor John Wayne's estate in several cases.
          >
          > • Bank robber John Dillinger's estate in an Indiana case against
          the
          > Lake County Convention & Visitors Bureau and John Dillinger
          Museum.
          > Continental Enterprises, an intellectual property consulting and
          > enforcement company, also works with this estate.
          >
          > On Tuesday, attorney Jonathan Polak filed a petition in California
          > Superior Court in an attempt to make Simpson cough up $33.5
          million
          > for the deaths of his ex-wife, Nicole Brown Simpson, and her
          friend
          > Ronald Goldman.
          > It's been almost a decade since a civil jury ordered the former
          > football star and actor to pay up. But Simpson has said repeatedly
          > that he has no income to pay to Fred Goldman, Ronald Goldman's
          > father.
          > So how are Polak and Hoosier colleague Karl Manders going to
          collect?
          > They want Simpson to sign over his "right of publicity" to Fred
          > Goldman.
          > The petition, believed to be the first of its kind, would place
          > Goldman in charge of any attempts to make money off of Simpson's
          > name, image, voice or likeness. For example, any profit Simpson
          made
          > from signing autographs would go to Goldman.
          > "It came to me like a bolt out of the blue," said Manders, owner
          of
          > Indianapolis-based Continental Enterprises Inc., an intellectual
          > property consulting company. "The main assets he has are his face
          > and his signature."
          > In the same way Marilyn Monroe's estate owns and controls when and
          > where the late actress' face is used, Goldman would own and
          control
          > Simpson's face, if the judge approves the petition.
          > Sound crazy?
          > Simpson's attorney, Yale Galanter, says so.
          > "We've not been able to find a single case that allowed a court to
          > award involuntarily the right of publicity," he said. "I don't
          think
          > there's any legal basis for this."
          > Some other attorneys say otherwise.
          > "You could do it," agreed Alan Ross, an intellectual property
          > attorney at Bricker & Eckler LLP cq in Cleveland. "It's a little
          > scary to think about doing it. It's a different kind of concept."
          > By law, a person's right of publicity is considered an intangible
          > property. That's opposed to a tangible property, such as a car or
          a
          > house.
          > Under California law, intangible property and tangible property
          are
          > one in the same.
          > So that means, signing over your right of publicity to settle a
          debt
          > would be no different than signing over your house, legal experts
          > say. Both have value and are separate from you as a person.
          > Still, this case could set a precedent, Ross and Polak agreed.
          Until
          > now, only patents and copyrights have been seized as intangible
          > property to settle debts.
          > Using the right of publicity was Manders' idea. And it was Manders
          > who contacted and sold it to Goldman.
          > Goldman, who wasn't available for comment, thought the idea was
          odd
          > at first, Manders admitted. But after several conversations,
          Goldman
          > began to believe it could work.
          > "More than anything else, I think he saw the poetic justice of
          it,"
          > Manders said. "It was his celebrity that helped him get off. It
          was
          > the very celebrity of his face and his likeness that could give
          the
          > Goldmans some justice."
          > In 1995, a jury found Simpson not guilty for the murders of his ex-
          > wife and Ronald Goldman.
          > Two years later, a civil jury found Simpson liable for the deaths
          > and ordered him to pay Goldman and Nicole Brown Simpson's estate.
          > However, California law protects pensions, so Simpson has
          continued
          > to live off his NFL pension. He also moved to Florida, where a
          > residence cannot be seized to settle a debt.
          > Simpson has been accused of making a significant income from
          signing
          > autographs and appearing at trade shows.
          > Simpson's attorney, Galanter, said his client does make some money
          > from autographs and speaking engagements, but it's nowhere near
          > $33.5 million.
          > "If O.J. had $33 million, the judgment would be paid," said
          > Galanter, who added Simpson is "living well."
          > Polak and Manders said they believe Simpson has money. But they
          > admit they have no idea how much, and therefore, how much his
          right
          > of publicity is worth.
          > But they say it's not really about money anyway.
          > "It's more about protection and control in the way he goes about
          > using his infamy," said Polak, director and chairman of the
          > Intellectual Property Group at Indianapolis law firm Sommer
          Barnard.
          > Putting Goldman in charge of Simpson's right of publicity will
          take
          > away his ability to make money spoofing the murders.
          > For example, he won't be able to make a reality TV show, as
          rumored
          > in the media, or get a paycheck for signing autographs at a trade
          > show for fans of murder trials. At the very least, the company
          > making the TV show or running the trade show would have to
          negotiate
          > a deal with Goldman, not Simpson. That could be a deterrent.
          > And perhaps, Manders reasoned, if Simpson can no longer make
          money,
          > he'll no longer want to do such things.
          > "The problem is the money," he said. "We believe that's his
          > motivation for doing that."
          > A hearing on the petition is scheduled for Oct. 17, although a
          > resolution could come before that, Galanter said.
          > "I can assure you, we will be in court on Oct. 17, fighting this
          > tooth and nail," Galanter said.
          >
          >
          >
          >
          >
          >
          > Kenneth M. Irvin
          > Surety Recovery Service
          > Oakland,CA.
          > Investigations - Repossessions
          > Bail Enforcement
          > 1-866-803-7376
          >
          > [Non-text portions of this message have been removed]
          >
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