A California judge has tossed out part of Michael Jackson’s lawsuit against Universal Music in which he claimed he was owed royalties for songs he recorded prior to 1979. In a 1980 settlement with legendary record label Motown, Jackson gave up rights to songs released before 1979, giving Motown the exclusive right to the name the Jackson 5, the group of Jackson family members that first put the star on the map.

In the suit, Jackson contends he should be paid for any songs he recorded alone or with his brothers that were re-released after the 1980 agreement.

Jackson, who is seeking payment and cancellation of the 1980 agreement, also claimed Universal used the name Jackson 5 and the group’s master recordings to sell products, like the song, “I’ll Be There”, for an AT&T commercial.

Los Angeles Superior Court Judge Emilie Elias on Friday found that Universal had not breached any fiduciary duty, since Jackson gave up the rights to the pre-1980 tunes.

“She has dismissed the claim of a breach of fiduciary duty and we’re considering whether to appeal that decision at the appropriate time,” said Jackson’s lawyer, Michael Holtz, a partner at entertainment law firm Lavely & Singer.

Elias also ruled that Motown’s use of the songs to promote product may not constitute theft, but did not consider whether Motown had breached the contract.

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