Diana, Princess of Wales Memorial Fund - Legal Issues With Franklin Mint

Legal Issues With Franklin Mint

In 1998 the Fund refused Franklin Mint a licence to produce Diana memorabilia but the Mint went ahead and produced Diana merchandise anyway. The Fund sued in 2002 and lost the case because in the California courts right of publicity may only be filed on behalf of a dead person who is a Californian. The costs to the Fund were nearly £4 million. Franklin Mint counter-sued, on grounds of malicious prosecution, claiming exemplary and punitive damages and seeking $14 million. Consequently the Fund announced in 2003 it was "legally obliged to freeze not only new grants but payment of existing grants". The case was settled out of court in 2004 with the Fund agreeing to pay £13.5 million. Franklin Mint stated "While the precise terms of the agreement are confidential, the goal is to release funds to excellent charitable causes which resonate with the memory of the princess". By agreement with Franklin Mint the Fund was able to pledge £14m of grants over a period five-years.

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