Jimi Hendrix Ongoing Estate Litigation
Jimi Hendrix died, after asphyxiating on his own vomit in September 1970 at the age of 27. He died without a Will, with his estate owing back taxes and other debts and only $20,000 in the bank. However with the passing of time his estate is now valued at $175 million.
Leo Branton an estate lawyer took control of the estate, providing Hendrix’s father Al a modest income from royalties. In 1974, on Branton’s advice, Al Hendrix signed over Jimi’s rights to a Panamanian company represented by Branton. Soon after, the rights were passed onto two offshore companies — Elber BV, a Dutch company that licensed Hendrix’s recordings to Warner Brothers in the US, and Interlit, in the British Virgin Islands, dealing with Polygram which had distribution rights for all territories outside the US. Leo Branton represented Elber, Interlit, Bella Godiva (who handled the U.S. publishing rights.) and another Hendrix-related company Are You Experienced Ltd run by Alan Douglas.
In 1993 when the US catalogue rights were sold to MCA the Hendrix family was furious, Al believed he continued to hold the rights and had licensed them in a “rental” arrangement. Interestingly Paul Allen the co-founder of Microsoft and a Hendrix fan offered the family his financial support in any lawsuit that they may bring against Branton & Douglas.
The family took Court action against Branton alleging conflict of interest, and breach of trust which (due in no small part to Allen’s involvement) would have been difficult and expensive to defend. Branton settled out of Court for an undisclosed sum. Al Hendrix took control of the copyright on his son’s entire recorded output, unreleased tapes, music publishing rights, photos, films, videos, the right to exploit Jimi’s image. Jimi Hendrix’s estate was valued at around $80m in 1994.
Al died 2002 he bequeathed the entire estate, to his adopted stepdaughter, Janie, and left nothing for Hendrix’s brother, Leon.
Leon Hendrix contested his father’s will claiming Janie Hendrix influenced their father to write him out of the will in 1997 and to deny him the 25 per cent trust funds he was originally allotted. He filed suit against his stepsister to win back his share of the estate however the court rejected his case in 2007
In 2004, Jimi’s brother Leon was barred from the family business however this this has not stopped him and others from creating products that
“have attempted to hijack trademarks and copyrights for their own personal gain…through the creation, development, manufacturing, promotion, advertising and sale of cannabis, edibles, food, wine, alcohol, ‘medicines,’ electronic products and other goods.”
A series of suits since then have centred on whether those rights are comprehensive or — as Leon contends — “limited to the use of the name ‘Hendrix’ in business and domain names, an associated logo, and an authentic Jimi Hendrix signature.”
These include Jimi Hendrix-themed Purple Haze Liqueur using the word “Jimi” with a replication of Jimi’s signature on its bottle.
A year prior, Leon’s business partner was prohibited from registering the name “Jimi” or “Jimi Jams,” due to its connection with the legendary guitarist.
Last month Leon announced a range of Jimi Hendrix-branded marijuana products with the estate taking action claiming they violated Jimi Hendrix trademarks
In a countersuit Leon argues that “no right of publicity” descended when Jimi Hendrix died without a will in 1970, and, thus, the Estate had no general right to stop him and his associates from dealing in Jimi Hendrix’s name, likeness, and image.”
Leon and his business partner have brought a claim against the estate’s argument that they are the sole source of Jimi Hendrix products as it gives the “false impression ’ that other Hendrix branded products are suspect.
Similarly Leon claims that he is “absolutely the closest living relative to Jimi Hendrix, both in terms of blood and in terms of relationship,” and added in a statement that he believes Jimi “would want his nieces and nephews to benefit from his legacy as well, and that is all we keep trying to do.
Although Jimi Hendrix death was untimely much of the difficulties that his family had would have been minimised had he created a Will. Although the rights to his music and image have become increasingly valuable over time even a simple will would have been better than no will at all.
It is important to plan for your future and to revisit a document like a Will every few years. By doing this as well as making an advanced care directive making your medical wishes known; a power of attorney appointing a trusted friend or family member to make your financial decision decisions if you are incapacitated you are taking responsibility for your future.
It is similar to taking out insurances or increasing your contribution to superannuation. Because if you don’t make those plans for your future nobody else will.
