Cybersquatting & Domain Dispute Lawyer Attorney Law Firm - Bob Marley's "WAILERS" Win Cybersquatting Lawsuit

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2008.01.04

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The court got the first use date wrong for the wailers. It was earlier than 1969, likely 1963. In 1963, Bob Marley, Bunny Livingston, Peter McIntosh, Junior Braithwaite, Beverley Kelso, and Cherry Smith formed a ska and rocksteady group, calling themselves "The Teenagers". They later changed their name to "The Wailing Rudeboys", then to "The Wailing Wailers", and finally to "The Wailers". By 1966, Braithwaite, Kelso, and Smith had left The Wailers, leaving the core trio of Marley, Livingston, and McIntosh.

In 1966, Marley married Rita Anderson, and moved near his mother's residence in Wilmington, Delaware for a short time, during which he worked as a DuPont lab assistant and on the assembly line at a Chrysler plant, under the alias Donald Marley. Upon returning to Jamaica, Marley became a member of the Rastafari movement, and started to wear his trademark dreadlocks (see the religion section for more on Marley's religious views).
After a conflict with Dodd, Marley and his band teamed up with Lee "Scratch" Perry and his studio band, The Upsetters. Although the alliance lasted less than a year, they recorded what many consider The Wailers' finest work. Marley and Perry split after a dispute regarding the assignment of recording rights, but they would remain friends and work together again.
Between 1968 and 1972, Bob and Rita Marley, Peter McIntosh and Bunny Livingston re-cut some old tracks with JAD Records in Kingston and London in an attempt to commercialize The Wailers' sound. Livingston later asserted that these songs "should never be released on an album … they were just demos for record companies to listen to."

The Wailers' first album, Catch A Fire, was released worldwide in 1973, and sold well. It was followed a year later by Burnin', which included the songs "Get Up, Stand Up" and "I Shot The Sheriff". Eric Clapton made a hit cover of "I Shot the Sheriff" in 1974, raising Marley's international profile.

The Wailers broke up in 1974 with each of the three main members going on to pursue solo careers. The reason for the breakup is shrouded in conjecture; some believe that there were disagreements amongst Livingston, McIntosh, and Marley concerning performances, while others claim that Livingston and McIntosh simply preferred solo work. McIntosh began recording under the name Peter Tosh, and Livingston continued as Bunny Wailer.

Did the band regroup after my death?

When someone registers a domain name or URL which infringes on your trademark, you must send what is known as a threat letter noting your trademark rights are superior. It doesn't have to be threatening. It is really a trademark notice letter, advising a third party that you have superior rights and that their domain name infringes on your trademark rights. In most instances, the infringer will re-brand. The best reason to monitor domain registrations and trademark registrations is to catch any problems early,before the other person becomes too heavily invested in the domain name to give it up.

Interesting. Many companies devote the resources to achieve trademark registration, but fail to protect their marks after registration is achieved. The same is true of domain name registration. Companies need to learn that they must monitor third party uses of their mark and send a trademark infringement threat letter where appropriate. They need to monitor domain registrations and URL uses which might infringement their marks as well. Companies that aren't sending infringement threat letters aren't protecting their marks. With our global economy virtually every mark is being threatened by third party use, most of which is unintentional. Even unintentional infringement can cause you to lose your trademark rights.

Why don't more companies protect their trademarks against third party infringement?

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