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WHATS in a name?

For the owners of Japs Fried Chicken Ltd, everything.

On Friday, the Appeal Court ruled in a hard-fought, decades-old trademark dispute between businessman Nicholas “Japs” Thomas, 63, and Bhagwatee Maraj and her children, overturning a 2016 decision of the High Court.

Both parties claimed the right to ownership of the “Japs” name. Thomas claimed to be the original “Japs” while Maraj, who died in 2021, said she was known as “Madam Japs.”

The trademark battle began in 2010 when the company -Japs Fried Chicken Ltd – applied for the registration of “Japs Fried Chicken… The Best Taste Around & Device.”

Thomas also applied to register the trademark “Japs And Device.” With two strikingly similar submissions, the Intellectual Property Office (IPO) registrar stayed both applications until the court determined who had the right to the trademark.

In that decision, Justice Margaret Mohammed ruled in Thomas’s favour. She said Thomas was the “originator” of the Japs brand although not the sole proprietor of the business as both he and Maraj – both of whom were in a relationship in the 70s – were the joint owners and had exclusive rights to the name.

She held the company was not entitled to register the trademark and also declared the name was an asset of the business owned by the two and Thomas’s half share was held by Maraj for their children.

The company and Maraj appealed the decision and on Friday, the Appeal Court directed the IPO registrar to register the trademark “Japs Fried Chicken: De Best Taste Around! And Device” in the company’s name and refuse Thomas’s application.

When the couple began the food business, it was named Japs Fast Food. After their relationship broke down around 1989 – the ruling said Maraj described it as abandonment with him accusing her of infidelity and telling lies- she and her son from a previous relationship opened Japs Fried Chicken with some 13 outlets throughout Trinidad.

Thomas claimed he and Maraj agreed to create a trust for his 50 per cent interest for their sons.

The Appeal Court decision, written by Justice James Aboud, traced the couple’s long history and that of the company in several pages of the 49-page decision. Also presiding on the appeal were Justices Allan Mendonca and Charmaine Pemberton.

Aboud said there were discrepancies overlooked by the trial judge when she analysed who owned the business and the existence of the trust.

However, Aboud said having regard to the evidence as a whole, it was incapable of justifying a finding that there was a trust agreement.

He pointed to testimony that Thomas had “surreptitiously stripped the restaurant upon his departure in 1989.

“The important question that the trial judge should have asked is this: is the dismantling and removal of vital restaurant equipment and furniture indicative of the existence of a trust meant to financially profit the alleged beneficiaries?”

“… In my opinion, the fundamental finding of fact upon which the whole appeal turns was whether a trust agreement was created in 1989 when Mr Thomas suddenly separated from Ms Maraj and cut all his ties with the business (as it then existed).

“…In my view, the trial judge was plainly wrong to make a finding that a trust was created in 1989,” Aboud held.

He also said Maraj, having been left alone for over 18 years, grew and expanded the business into a chain in plain sight of Thomas who said nothing of the expansion under the name “Japs Fried Chicken” and who contributed nothing to it.

“In short, he had no interest for all those years, and he showed no interest until some two years after his youngest son was 18 years old and only after the company was incorporated with the name ‘Japs’ and the trademark application was made.

“…Mr Thomas had absolutely nothing to do with the operation or tremendous growth of ‘Japs Fried Chicken’ from 1989 onwards or the development of its goodwill for 25 years.

“…, it is, in my view, plainly wrong for the trial judge to have refused the company’s application to register the trademark ‘Japs Fried Chicken.’”

Japs Fried Chicken Ltd, Maraj and her son, Romario Mahabir, who was appointed administrator of his mother’s estate, were represented by King’s Counsel Anand Beharrylal, Yaseen Ahmed and Tara Lutchman while Thomas appeared in person at the appeal.

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The UWI St Augustine Campus has said that because of the forecast of continuing bad weather for the next two days, all classes and tutorials will be given online for the rest of this week, that is, October 6 and 7.

A press release issued on Wednesday night said campus management had decided teaching should take place via Zoom.

It said deans and heads of departments had been asked to make arrangements for staff to work remotely.

Access to the campus will be limited, it said, except for essential and support services, including maintenance technicians for faculties and departments, engineering services, campus security services, Health Services Unit, Occupational Health, Safety and Environment Unit and the Division of Facilities Management.

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Digicel Financial Services is making business in the Caribbean cashless with their digital wallet – MyCash. The wallet which allows people to conveniently manage their finances has partnered with Mastercard to enhance its capability.

Aniqa Sandhu, CEO of Digicel Financial Services announced the partnership today, Wednesday October 5, during the first ever Fintech Islands conference (FiX2022) held at Hilton Resort.

“Mastercard is a great partner for us to bring to the Caribbean as Digicel Financial Services so we have signed up with them for a multi-market deal and one that will enable more use cases whether it is virtual powers, whether it is physical powers, whether you can go on the merchant and pay. So [it really is] developing the ecosystem around the experience that people have – banked, unbanked and underbanked,” said the CEO. The digital wallet will be rolled out in the 25-plus markets in the region. If all goes to plan, Barbados’ launch is slated for the first financial quarter of 2023. MyCash has successfully integrated into Jamaica over the past two months with over 25, 000 registered, active users and Haiti boasts of over two million customers.

Sandhu explained that the digital wallet will act likened to a debit card, where individuals can “go to an ATM and withdraw or [do] a bank transfer and withdraw” from their wallet.

Mastercard’s executive vice president for market development in the Caribbean and Latin America, Kiki Del Valle, stated that the financial instrument which facilitates digital payments and cashless transactions will be pivotal in transitioning towards a society that is more welcoming toward financial technology.

“This is a great way for us to bring additional financial services to uplift the poor, to find ways to better serve marginalised communities, particularly women, MSMEs [micro, small, medium enterprises] and leverage on the technology and the power of new ways, for consumers who are looking to pay,” said De Valle.

“This is an opportunity for us to first gain access. It obviously has to be tied to the digital journey that the consumer is going through to eventually help facilitate additional use cases – investments, lending, savings but also providing financial literacy,” she added.

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As awareness grows around the world about the problem of food waste, one culprit, in particular, is drawing scrutiny: “best before” labels.

Manufacturers have used the labels for decades to estimate peak freshness. Unlike “use by” labels, which are found on perishable foods like meat and dairy, “best before” labels have nothing to do with safety and may encourage consumers to throw away food that’s perfectly fine to eat.

“They read these dates and then they assume that it’s bad, they can’t eat it and they toss it, when these dates don’t actually mean that they’re not edible or they’re not still nutritious or tasty,” said Patty Apple, a manager at Food Shift, an Alameda, California, nonprofit that collects and uses expired or imperfect foods.

To tackle the problem, major UK chains like Waitrose, Sainsbury’s and Marks & Spencer recently removed “best before” labels from prepackaged fruit and vegetables. The European Union is expected to announce a revamp to its labelling laws by the end of this year; it’s considering abolishing “best before” labels altogether.

In the US, there’s no similar push to scrap “best before” labels. But there is growing momentum to standardize the language on date labels to help educate buyers about food waste, including a push from big grocers and food companies and bipartisan legislation in Congress.

“I do think that the level of support for this has grown tremendously,” said Dana Gunders, executive director of ReFED, a New York-based nonprofit that studies food waste.

The United Nations estimates that 17 per cent of global food production is wasted each year; most of that comes from households. In the US, as much as 35 per cent of food available goes uneaten, ReFED says. That adds up to a lot of wasted energy — including the water, land and labour that goes into the food production — and higher greenhouse gas emissions when unwanted food goes into landfills.

There are many reasons food gets wasted, from large portion sizes to customers’ rejection of imperfect produce. But ReFED estimates that 7 per cent of US food waste — or 4 million tons annually — is due to consumer confusion over “best before” labels.

Date labels were widely adopted by manufacturers in the 1970s to answer consumers’ concerns about product freshness. There are no federal rules governing them, and manufacturers are allowed to determine when they believe their products will taste best. Only infant formula is required to have a “use by” date in the US.

Since 2019, the Food and Drug Administration — which regulates around 80 per cent of US food — has recommended that manufacturers use the labels “best if used by” for freshness and “use by” for perishable goods, based on surveys showing that consumers understand those phrases.

But the effort is voluntary, and the language on labels continues to vary widely, from “sell by” to “enjoy by” to “freshest before”. A survey released in June by researchers at the University of Maryland found at least 50 different date labels used on US grocery shelves and widespread confusion among customers.

“Most people believe that if it says ‘sell by,’ ‘best by’ or ‘expiration,’ you can’t eat any of them. That’s not actually accurate,” said Richard Lipsit, who owns a Grocery Outlet store in Pleasanton, California, that specializes in discounted food.

Lipsit said milk can be safely consumed up to a week after its “use by” date. Gunders said canned goods and many other packaged foods can be safely eaten for years after their “best before” date. The FDA suggests consumers look for changes in colour, consistency or texture to determine if foods are all right to eat.

“Our bodies are very well equipped to recognize the signs of decay when food is past its edible point,” Gunders said. “We’ve lost trust in those senses and we’ve replaced it with trust in these dates.”

Some UK grocery chains are actively encouraging customers to use their senses. Morrisons removed “use by” dates from most store-brand milk in January and replaced them with a “best before” label. Co-op, another grocery chain, did the same to its store-brand yoghurts.

It’s a change some shoppers support. Ellie Spanswick, a social media marketer in Falmouth, England, buys produce, eggs and other groceries at farm stands and local shops when she can. The food has no labels, she said, but it’s easy to see that it’s fresh.

“The last thing we need to be doing is wasting more food and money because it has a label on it telling us it’s past being good for eating,” Spanswick said.

But not everyone agrees. Ana Wetrov of London, who runs a home renovation business with her husband, worries that without labels, staff might not know which items should be removed from shelves. She recently bought a pineapple and only realised after she cut into it that it was rotting in the middle.

“We have had dates on those packages for the last 20 years or so. Why fix it when it’s not broken?” Wetrov said.

Some US chains — including Walmart — have shifted their store brands to standardised “best if used by” and “use by” labels. The Consumer Brands Association — which represents big food companies like General Mills and Dole — also encourages members to use those labels.

“Uniformity makes it much more simple for our companies to manufacture products and keep the prices lower,” said Katie Denis, the association’s vice president of communications.

In the absence of federal policy, states have stepped in with their own laws, frustrating food companies and grocers. Florida and Nevada, for example, require “sell by” dates on shellfish and dairy, and Arizona requires “best by” or “use by” dates on eggs, according to Emily Broad Lieb, director of the Food Law and Policy Clinic at Harvard Law School.

The confusion has led some companies, like Unilever, to support legislation currently in Congress that would standardize US date labels and ensure that food could be donated to rescue organisations even after its quality date. At least 20 states currently prohibit the sale or donation of food after the date listed on the label because of liability fears, Lieb said.

Clearer labelling and donation rules could help nonprofits like Food Shift, which trains chefs using rescued food. It even makes dog treats from overripe bananas, recovered chicken fat and spent grain from a brewer, Apple said.

“We definitely need to be focusing more on doing these small actions like addressing expiration date labels, because even though it’s such a tiny part of this whole food waste issue, it can be very impactful,” Apple said.

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By DEE-ANN DURBIN Associated Press Business Writer. AP writers Kelvin Chan and Courtney Bonnell in London and APs video journalist Terry Chea in Alameda, California contributed to this report.

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Selah Marley, the granddaughter of reggae legend Bob Marley, has come under fire for wearing a ‘White Lives Matter’ T-shirt at rapper Kanye West’s fashion show on Monday.

But the 23-year-old model has fired back at her critics, arguing that no one can “coax her” or “bully me into being who you want me to be”.

Marley is the daughter of singer Lauryn Hill and Rohan Marley, Bob Marley’s son.

Since photographs and videos of her wearing the Kanye West-designed shirt went viral, Selah has been the subject of much backlash online.

She also posted a video showing herself talking and joking with Kanye West, who recently changed his rap name to ‘Ye’.

Selah captioned the video, “Love you Kanye West”, and subsequently posted three videos in total, which showed her wearing the controversial item, further adding fire to the rage among online users.

The criticisms are due to the ‘White Lives Matter’ slogan being associated with the Ku Klux Klan and anti-Black sentiments in the US.

The slogan also contrasts that of the ‘Black Lives Matter’ movement, which was formed to promote the cause of racial equality for African Americans.

The young Marley’s wearing of the T-shirt was largely viewed by social media users as going against her grandfather’s lyrics, as his songs have been used as a mantra for primarily black persons fighting against injustice globally

“I absolutely expect this from Kanye, but Selah Marley has disgraced the name and memory of her grandfather Bob Marley and everything her mother stands for,” wrote one Twitter user.

Added the Twitter user: “He (Bob Marley) was the world’s black freedom fighter. If you don’t know, her mother is the legendary Lauryn Hill.”

Another user of that platform wrote: “The fact that Kanye had Selah MARLEY walk in that shirt disturbs my soul on a greater level.

“Bob Marley was a black revolutionary who spoke about injustice through his music. That legacy shouldn’t be entangled with mess.”

Responding on Tuesday to the fury she purportedly generated, Selah took to her Instagram Story, where she disclosed: “The past 24 hours has allowed me to realise that most of y’all are stuck in a hive mind mentality.”

Continuing, she said: “You do what the group tells you to do and think what the group tells you to think.

“Witnessing someone break free from ‘the agenda’ sends you all into such a panic that you will do whatever it takes to force them back into the box that you feel they should exist in.

“All morale and empathy is eliminated due to the fact that you feel justified by your emotions. The victim becomes the victimizer.”

To her critics, Selah said: “You cannot bully me, manipulate me, or coax me into silence. Nor will you bully me into being who you want me to be.

“I don’t care how many tweets you make, DMs you send, or articles you write.”

The young Marley explained further that “nothing” she does is without “deep thought and intention”, and she will be speaking soon on her experience.

“Throughout all of the chaos, I have yet to speak on my experience. If you know me, you know that nothing I do is without deep thought and intention. Wait till you hear what I have to say,” she concluded.

In a follow-up post on her Instagram Stories, Selah appeared to have messaged Kanye.

Posting a screenshot of the message, Selah captioned it by stating: “I think he’s sleeping, but I’m ready for us to have the conversation.

“Tell @kanyewest to text me when he wakes up so we can continue to move this conversation forward & provide the necessary clarity, depth & healing that we are collectively in need of. Love you guys regardless.”

Selah, in her message to the American rapper, said: “I think that what we did has obviously created a lot of conversation and I would like us to continue that conversation.

“I love taking risks and embracing freedom, but in this case, I think we can continue to discuss the depth behind our decisions to show the purity of our intentions and provide healing to our community.

“Love you so much. Let’s keep this going – in a healthy way.”

The messages and subsequent postings from the young Marley proved to do little to soothe the outrage among social media users, primarily among black Americans.

“The miseducation of Selah Marley,” said one user, whose tweet was seemingly a reference to Selah’s mother’s Grammy Award-winning album, The Miseducation of Lauryn Hill.

“She totally didn’t understand her grandpa’s assignment. #redemptionsong. She forgot who she came from #bobmarley #freeyourselffrommentalslavery…,” tweeted another.

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