By Yasmine Peru/Senior Gleaner Writer—
The legendary Toots and the Maytal.—
Following a dispute, the estate of the late Frederick ‘Toots’ Hibbert has settled with the members of his former backing band, the Maytals, over the use of the name, and the band is now using a new name — O’Bessa.
A press release with the headline, ‘Toots estate reaches amicable settlement with his former backing band,’ states that “a cease [and] desist letter was sent to the musicians on the 15th of July by the California-based law firm Isaacman, Kaufman, Painter, Lowy and Zucker, which represents the Toots Hibbert estate”.
The release quotes Toots’ daughter, Leba Hibbert, as saying, “The Maytals name belonged to my father, and since he’s no longer here physically, it now belongs to his estate.”
In July, there were reports of a legal battle looming between the Maytals and the estate of the reggae legend over the use of the name. At that time, bass player Jackie Jackson told The Gleaner that the matter was in the capable hands of the band’s attorney. The musicians who comprise the band are Jackson, Charles Farquharson on keyboards, Paul Douglas on drums, and Radcliffe Bryan and Carl Harvey on guitar.
Acknowledging that Toots’ estate has retained full ownership of the Maytals name and trademark, the band members, in a joint statement, played their piece. They stressed that they were “not trying to litigate who the Maytals are or are not” and that “Toots himself was never confused as to who he considered the Maytals to be”.
The musicians “who have provided the groove and pulse behind Toots Hibbert” pointed out that the headline itself was ironic, and “obviously, the estate believes that we are [the Maytals] or we would not be having this conversation”.
Going into details, the Maytals-now-O’Bessa explained that the argument put forward “is that key members of the band that supported Frederick ‘Toots’ Hibbert since the ‘70s were merely hirelings and as such were not entitled to use the name Maytals”.
Giving a history lesson, they stated that “the original Maytals are Toots Hibbert, Jerry Mathias, and Raleigh Gordon. However, when Mathias and Gordon departed in the early ‘80s, it was understood that the band, which at the time were Paul Douglas, Jackie Jackson, Hux Brown, Winston Wright, and Carl Harvey, who had stepped in for original guitarist Radcliff Bryan, were the Maytals. Over the decades, there have been several permutations, with changing background singers and other musicians substituting and replacing others who had moved on or passed on. Let it be known that Toots himself was never confused as to who he considered the Maytals to be. They were the musicians that gave him the safety net and the confidence to step on a stage in front of a stadium-sized audience without as much as a rehearsal. The last time the subject came up was in the library at the K-West hotel in London, England. It was the man himself that said, ‘Who else can make that claim? You guys are the Maytals!’ This was said in the presence of witnesses.”
Rather than tussle with the estate and endure costly and lengthy litigation, the musicians say they have “decided that we and our fans will be better served by moving on and putting our energies into creative endeavours”.
“Putting the hood ornament of a Mercedes on a Toyota does not change the car. The fans who have been with us over the last 50 years know who the principals are, and all one has to do is start checking album credits or even YouTube.”
They pledge that as O’Bessa, they will “be bringing the best of Toots and the Maytals experience and unveiling talent in the band that has been hitherfore hidden. We are pulling out all the stops”.
Toots died at the University Hospital of the West Indies on September 11, 2020, and since then, the band has not been on the road, owing to the global pandemic. However, a September 4 event at the iconic Roundhouse in London, England, featuring the Maytals, was postponed due to the cease-and-desist letter.
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