Sheena Gayle, Gleaner Writer
Western Bureau:
Usain Bolt is now one of the hottest commodities in the world of athletics, but some have begun to cash in on his name without permission, a breach of intellectual property, according to the athlete's lawyer, Rudolph Muir.
Yesterday, Muir, who is also part of Usain's management team, argued, "We fully expected that there would be breaches but it's very difficult policing breaches. But we will deal with them one at a time as we find them."
On visiting a popular international online shopping website, The Gleaner found several items listed bearing Bolt's name; items ranging from Usain Bolt watches, Usain Bolt 3D acrylic Olympic photo sculptures, Usain Bolt stamps to Usain Bolt T-shirts, among others.
Trademarked name
In an effort to protect Bolt's intellectual property, his management has already trademarked the name Usain Bolt, Muir said. But this, he noted, has limitations and means "one literally has to follow up on the registrations in each country".
"There is always going to be the issue of policing the copyright and trademark around the world, but we will be pursuing these breaches," he emphasised.
According to Bolt's lawyer, the only companies that are now contracted to use him as part of their advertisements are telecommunications firm Digicel, the national sports gear sponsors Puma, and Sandals Resorts International. However, according to Muir, the management team is currently negotiating contracts with the Bank of Nova Scotia and the reputed motor vehicle company, Audi.
Meanwhile, Dianne Daley, intellectual property rights partner at law firm Foga, Daley & Company, said that depending on where the breaches are committed, Bolt's management would be able to attack the issue swiftly through the judicial system.
"If the breach has not been committed on our shores, then jurisdiction usually arises where the infringement is committed and you can invoke the jurisdiction of that court," she explained. "Bolt is a celebrity and in those countries which invoke the publicity right they could take action."
