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Journal of Intellectual Property Law & Practice Advance Access published online on November 1, 2009
Journal of Intellectual Property Law & Practice, doi:10.1093/jiplp/jpp171
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© The Authors (2009). Published by Oxford University Press. All rights reserved.

Protecting personality rights in the Commonwealth Caribbean

Eddy D. Ventose and Natalie G.S. Corthésy*
Legal context: The question of the appropriate type of protection for personality rights has been the subject of discussion by a Commonwealth Caribbean court. This is poignant since the images of well-known Caribbean personalities, in particular, Usain Bolt, are being used throughout the world without payment of any royalties.

Key points: The question for the Supreme Court of Jamaica in Dino Michelle was whether the law of passing off was adequate to protect personality rights or whether it should recognize the tort of appropriation of personality in Jamaica. The court accepted that personality rights can be protected under both headings, bringing Jamaican law in line with that of other Commonwealth countries.

Practical significance: There is no longer a need to distort the law of passing off to provide protection for infringements of the image or personality rights of sports personalities in the Commonwealth Caribbean. A simple cause of action for misappropriation of personality would now suffice in accordance with the reasoning in Dino Michelle.

Correspondence: * Eddy D. Ventose, LL.B. (Hons) (U.W.I.); LL.M. (Cantab); D.Phil. (Oxon); Attorney-at-Law; Solicitor of the Supreme Court of England and Wales. Lecturer in Law, University of the West Indies, Cave Hill Campus, Barbados. Email: eddy.ventose{at}cavehill.uwi.edu. Natalie G. S. Corthésy, LL.B (Hons) (U.W.I.); LL.M (Lond); Attorney-at-Law. Lecturer in Law, University of the West Indies, Mona Campus, Jamaica.


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