By: Spokesman Newsroom
BASSETERRE, St. Kitts (Friday 25th June 2021) — Well-known black American actor 34-year-old Michael B. Jordan, best known for his role as Erik Killmonger in the 2018 hit film ‘Black Panther’, recently launched an alcohol brand called J’Ouvert rum. The launch was followed days later by an apology on Wednesday 23rd June 2021, after a storm of social media criticism from Caribbean communities and an online petition demanding a name change.
Via Instagram, Jordan stated: “I just wanna say on behalf of myself and my partners, our intention was never to offend or hurt a culture (we love and respect) and hoped to celebrate and shine a positive light on. Last few days has been a lot of listening. A lot of learning and engaging in countless community conversations. We hear you. I hear you and want to be clear that we are in the process of renaming. We sincerely apologize and look forward to introducing a brand we can all be proud of.”
St. Kitts native and US-based trademark attorney Ozelle Martin was interviewed by ESSENCE magazine on the controversy, explaining that trademark rights are territorial. “It is important to note that much of the outrage stems from the fact that persons believe that trademark registration gives someone the unlimited right to ‘own’ a word regardless of circumstance or context. This is a common misconception but fortunately, this is not how trademark registration works,” she was quoted as saying. Martin also acknowledged why Caribbean people are concerned: “There are West Indians who host carnival-related activities in the United States and they are concerned that they may encounter difficulty when trying to federally register brand names that contain the term ‘J’Ouvert’ for their entertainment events or brands. In my view, their concerns could be valid.”
ESSENCE noted that the US Patent and Trademark Office examining attorney had amended Jordan’s application stating that the term J’Ouvert has no English equivalent, despite a transliteration connecting it to its known Caribbean meaning having originally been provided with the application. Trinidad-based entertainment attorney Carla Parris, who hosts the web series “The Business of Carnival”, said she hopes the situation will bring about discourse on Traditional Cultural Expressions and Traditional Knowledge in IP law. In creole French, “J’Ouvert” (pronounced Jou-vay) refers to the break of dawn and is historically associated with emancipation from slavery, originating in Trinidad and Tobago with the Canboulay festivities. J’Ouvert is the first official event on carnival calendars across the Caribbean region, including Sugar Mas in St. Kitts-Nevis.