Britney’s conservatorship is a touchy subject. The general consensus is it saved Britney from Britney, but three years, two albums and two tours later, she’s still in it. It’s not just many fans that wonder why it’s still in place – Brand Sense marketing is asking the very same thing.

Brand Sense is suing Britney and Jamie Spears for $10 million, claiming she had a deal with them but cut them out of a lucrative project with her fragrance company, Elizabeth Arden. Brand Sense was to receive 35% commission, but was denied after Britney’s team contacted them and requested they send all royalties over to her, the suit claims.

Jamie Spears says Britney objected to the 35 percent commission as too high, and asked for a modification of the deal, according to the complaint. Britney “secretly made a separate deal with Elizabeth Arden in a sneaky, under-handed effort to circumvent and evade its obligations to Brand Sense,” the suit alleges. “Effectively, Britney improperly and illegally cut Brand Sense out of the Elizabeth Arden deal.”

Brand Sense requested Britney submit a deposition to further their case, but Britney’s lawyers refused, saying she is under a conservatorship and cannot be forced to testify without the approval of the conservatorship’s attorneys. Team Britney turned around and counter-sued Brand Sense for delayed payments that claimed Britney should have received interest. Brand Sense is requesting the judge put the countersuit on hold because they claim they “cannot defend against the countersuit because they have been blocked by a probate court from taking Britney’s deposition on grounds she is incompetent to testify.”

Brand Sense intends to challenge a sealed order by Judge Reva Goetz, the judge in her conservatorship case, that’s preventing Britney from testifying, reports “Brand Sense also intends to take measures to have all court records in the conservatorship proceedings unsealed,” according to the company’s court papers.

They say she’s participated in numerous interviews, performed on tour and is able to function and think for herself. “Brand Sense has the right to know why Ms. Spears continues to be coddled in a conservatorship that has clearly outlived any legitimate purpose.”

The company intends to get “immediate relief” from the probate court order, its papers state.

“The notion that Britney Spears is mentally or emotionally unfit to testify under oath is a sham,” according to the Brand Sense court papers.

Britney’s deposition is needed because she “has knowledge of all of the facts forming the basis of Brand Sense’s claims,” according to the company’s court papers.

Do you think Brand Sense has a point? It looks as if they are pushing for a deposition so Team Britney will settle and cough up the dough to avoid Britney having to testify in court. What do YOU think?

A hearing is scheduled with the conservatorship judge, Reva Goetz, for July 11th.

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