The Estate of late reggae icon Toots Hibbert threatens to sue The Maytals band over continued use of the name.
The Maytals band members were a part of the original Toots and The Maytals band, of which Toots Hibbert was the principal act up until his death. With the singer now deceased, his family is not keen on other members of the band continuing to use the name “The Maytals” going forward.
According to a reports, members of the famous band were sent a cease-and-desist letter by a California-based law firm on July 15. In the lawsuit, the family of Toots contends that the band cannot perform under The Maytals name for any upcoming events. Failing to comply may result in legal actions.
The letter received by the Maytals and sent to the media reads, “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’.”
The cease-and-desist letter continues, “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 added, “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.”
Toots Hibbert died at the age of 77 from COVID-19 complications on September 11, 2020, at the University Hospital of the West Indies in Kingston, Jamaica.
Known for songs such as “Bam Bam” and “Pressure Drop”, Toots and The Maytals won Best Reggae Album for their last album “Got to Be Tough” at the Grammy’s held in March of this year. They had also been working on touring plans for this year. The Maytals Band is at present compiling a new album which is titled “Continuum,” which will be available sometime this year if there are no delays.
Jackie Jackson, who is the bass guitarist for the group and also one of the group’s founding members, admitted that he had knowledge of the letter but had not yet read it with his own eyes.
Speaking with the Observer, he stated, “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. The matter is in our lawyer’s hand. That’s all I can say for now.”
The iconic reggae band has been touring the world together for over an incredible span of over 50 years. Along with Jackson, the members of the band are Charles Farquharson, Carl Harvey, Earl Paul Douglas, and Radcliffe Bryan.