Similarly, because Bob Ross gave BRI his right to publicity during his lifetime, it could not have transferred to his son on his death.” The ruling stated: “Plaintiff would not own the intellectual property at issue because the Trust never owned it. In 2019 the court ruled that Ross’ trust could not have given away the rights to Steve, because the trust did not own those rights to begin with. Unfortunately for Steve, the federal judge didn’t agree. business deals and products that used his father’s likeness were unauthorized. Calm, the meditation app, even offered a Bob Ross sleep app.Īrmed with this newfound knowledge about his father’s trust, Steve sued Bob Ross Inc. The streaming service Twitch as well as Netflix picked up The Joy of Painting shows. By then, Bob Ross had become an even bigger and more lucrative business, with the sale of Bob Ross bobbleheads, chia pets, mugs, action figures. It would be more than two decades after the lawsuit settled that Steve Ross realized there was a clause in his father’s trust that bequeathed to him all rights to his father’s name, likeness, and publicity. stating that the parties and their heirs, assigns, successors in interest, etc., “do, now and forever, absolutely and irrevocably, hereby release each other in and from any and all claims, suits, liabilities, complaints, losses, damages, and charges of every kind and character arising prior to the date of execution hereof.” The Estate and the Trust also signed separate Mutual Releases with Bob Ross Inc. Unable to finance a prolonged legal battle, Cox, the estate executor, settled with the Kowalskis.
In addition to asking for all intellectual rights, they wanted all of Ross’ finished paintings. The Kowalskis, unsuccessful at gaining control of the business while Ross was alive, now sued the estate. Ross died Jat age 52, leaving an estate valued at $1.3 million, half of which was his interest in Bob Ross Inc. He created the Bob Ross Trust in 1994, assigning 51% of the interest in all intellectual property to his brother, Jimmie Cox, and 49% to his son, Steve Ross. Instead, he set about modifying his estate plan in an attempt to keep intellectual rights to everything Bob Ross in his own family. profits – but only for the next ten years. In return, the Kowalskis would pay Ross or his surviving heirs 10% of Bob Ross Inc. They presented him with a contract giving the Kowalskis all commercial rights to Ross’ name, image, voice, biographical material, and creative works. In 1994, while battling the disease that would take his life one year later, the Kowalskis approached Ross.
Shortly after Jane passed on, Ross developed lymphoma. And that is how Ross, despite being the public face of the Bob Ross juggernaut, found himself with only one-third interest in the company.
The business structure required that any shares of a deceased partner were to be distributed equally among the surviving partners. From 1986 through 1994 the company registered several trademarks using Bob Ross’ name and likeness, with Bob’s written consent, and also signed several licensing agreements with third parties, also with Ross’ consent. Although the four were equal partners, Ross was its widely recognized public face, the frizzy-haired artist who shared his painting methods and his humor each week with a national audience. was formed by Ross, his wife Jane, and their friends Walter and Annette Kowalski. As we noted in a prior blog post, failing to coordinate your business agreements with your estate planning documents can lead to chaos. Yet after his death there was no congeniality to be found: a nasty legal war erupted between his business partners and family.
Viewers were smitten not just with his artistic techniques but also with his mesmerizing voice and congenial manner.
BILL BOSS PAINT MUG TV
Bob Ross rose to fame in the 1980s as the host and instructor of the wildly popular Joy of Painting TV show.
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