APPROPRIATION OF PERSONALITY IN THE COMMONWEALTH CARIBBEAN

Abstract

There is the flagrant unauthorized use of people’s personality in the Commonwealth Caribbean, yet the tort of appropriation of personality is grossly underutilized in the region. The Author aimed at ascertaining the reason this situation persists in the Commonwealth Caribbean. The contribution to the introduction and development of appropriation of personality in the Commonwealth Caribbean made by the judgment of the only case on appropriation of personality in the region, Robert Nesta Marley Foundation v Dino Mitchelle Ltd was also discussed. The only other case on appropriation of personlity from the region Georgia Messam v Clive Morris and Milton Williams was also discussed. Traditionally, the development of the law in the Commonwealth Caribbean was along the lines of passing off based on United Kingdom jurisprudence. Recently the development of the tort has been along the lines of Canadian law. It is suggested that the tort should be developed along the lines of both Canadian and German jurisprudence. Resultantly, amendments to the law based on both Canadian and German laws were suggested.