WHAT A BAM BAM!
Maytals Band gets cease-and-desist letter over use of nameSaturday, July 17, 2021
MEMBERS of The Maytals Band are preparing for a legal battle with the estate of the late legendary singer Toots Hibbert over the use of The Maytals name.
The principals of the band were sent a cease-and-desist letter on July 15 by the California-based law firm Isaacman, Kaufman, Painter, Lowy, and Zucker, who are representing the heirs of Frederick “Toots” Hibbert, otherwise called Toots and the Maytals, who insist the band cannot perform under The Maytals name for any upcoming gigs or tours.
Veteran bass guitarist Jackie Jackson, a founding band member, confirmed he was aware of the letter but said he had not seen it.
“I was advised by our lawyer that he has the letter in his possession. I have not personally seen it, but we were informed about it,” Jackson told the Jamaica Observer yesterday. “The matter is in our lawyer's hand. That's all I can say for now.”
In addition to Jackson, The Maytals band comprises Charles Faquharson, Carl Harvey, Earl Paul Douglas, and Radcliffe Bryan. They have been touring with Hibbert for more than five decades.
Hibbert, 77, was the front man for Toots and The Maytals. He died of COVID-19 complications at the University Hospital of the West Indies in Kingston on September 11, 2020.
The group is known for hit songs including Bam Bam, Sweet and Dandy, and Pressure Drop.
Got to Be Tough, the last studio album released by the outfit, won the Grammy Award for Best Reggae Album in March. They had previously won it before in 2005 with True Love.
According to the letter, failure to desist using the name will expose band members to liability and damages.
“It has come to our attention that you, or persons purporting to be authorised by you, are infringing and/or contemplating the infringement of our clients' service mark, 'Toots and the Maytals' by, inter alia, advertising and offering to provide entertainment services using the mark 'The Maytals Band',” said the letter in part.
“Be advised that your use, or threatened use, of said mark is confusingly similar to our clients' “Toots and the Maytals” mark and is, or will be, an infringement of our clients' rights in their mark and will cause them irreparable damages including, but not limited to, the denigration and dilution of our clients' mark and its value and will confuse the public as to the source of said services and the authority under which your entertainment services and related products or services are provided,” it continued.
The letter further stated that band members should withdraw the application for trademark registration filed with the US Patent and Trademark Office in January 2021, forthwith.
“Be advised that our clients have authorised us to vigorously oppose your aforesaid trademark registration application and to use all means necessary to pursue all parties utilising or participating in the infringement of our clients' mark,” the letter promised.
The Maytals Band is currently putting the final touches on its album, Continuum, slated for release later this year. A tour is also on the cards.
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