Despite repeated assurances
that Neverland Ranch would not become an attraction, Sycamore Valley Ranch Co.
LLP, the entity that owns the property, applied for and later abandoned
trademarks on the name Neverland.
A record list display from
the United States Patent and Trademark Office website shows that Sycamore
Valley Ranch applied for trademarks on the terms “Neverland,” “Neverland Ranch,”
“Neverland Valley,” and “Neverland Valley Ranch” on Aug. 12, well after it
promised no commercial development on the site. There were 20 forms of
trademark use of the Neverland terms, but all were abandoned on Sept. 8.
“It is very disappointing
that they continue to offer words that are comforting, and then take actions
which are not,” said Never! member Bob Field in an
email. “It does not help that when asked about the actions, they say ‘No
comment,’ We think the community deserves better.”
Since Michael Jackson’s
death in June, some Valley citizens have been concerned about what Barrack will
do with the property. The idea of a “Graceland West” concerned some of them
enough to form the community action group Never! “ … with the sole mission of opposing any attempt to convert
Michael Jackson’s former Neverland Ranch into a commercial venue or
Graceland-like tourist attraction.”
Goods and services
descriptions of the terms included in the trademark applications included
entertainment services, providing facilitates for business meetings and
conferences, games and play things, clothing, footwear, headgear and printed
matter. Each description presented examples of various uses.
Under entertainment
services, the description read: “ … museum services — namely, operating a
museum in Michael Jackson’s former home and providing tours thereof; providing
theme park services; entertainment services, namely, live shows and events;
tennis and golf resort services; recreation and sporting club services;
organization of meetings and conferences.”
The goods and services
described for games and play things included, “ … namely, plush toys, paper
dolls, dolls and accessories, toy action figures, toy vehicles, toy cars, toy
trucks, toy bucket and shovel sets, roller skates, toy model hobbycraft kits,
toy rockets, wind-up toys, toy guns, toy holsters, musical toys, jigsaw
puzzles, badminton sets, bubble making wand and solution sets, toy banks,
puppets, toy balloons, yo-yo’s, kites, baseball bats, balls of all kind; play
wands, board games, playing cards, and children’s games to play during travel;
ornaments, and decorations for a Christmas tree; sporting goods.”
Cynthia Lynch, administrator
for trademark policy and procedure, said these trademarks
were expressly abandoned by the applicant, though there are still some
live applications for Neverland-related trademarks by other companies.
The applications by Sycamore
Valley Ranch are dead, Lynch said, and they cannot become live again. It is a
closed issue. She said an entity does have some common law rights to a term if
they use it, but there are further benefits of federal trademark status.
“You get some additional
benefits and legal presumptions from federal registration,” Lynch said.
Tom Barrack, CEO of Colony
Capital, held some special meetings for prominent county and Valley officials
and leaders July 9 and 10, in which he promised the property would not be
turned into any type of attraction. Sycamore Valley Ranch Co. then submitted
applications for trademarks in August.
Though Sycamore Valley Ranch
Co. is a partnership involving Colony Capital, both
entities share the same address in Los Angeles. Lisa Baker, a member of Owen
Blicksilver, the PR firm representing Colony, said
Colony had no comment on the trademark attempts.
lauren@syvjournal.com