Black Immigrant Daily News

After raising the ire of locals, the Inter-American Development (IDB) has stepped forth to apologise for administering a survey with “concerning” questions to 11 year olds.

The survey which was formulated by an organisation called code.org was presented as a pre-test on Computer Science. It was dispensed to First Form students at secondary schools across the island.

Reports from a Barbadian media house earlier today, October 5, stated that students were questioned about their gender identity, sexuality and thoughts on suicide and depression. This led to interviewed outraged parents detailing the survey as invasive and disturbing. Of most concern to some, was that the minors were asked to write their names on the paper.

In a statement issued tonight, the IDB said “no offence was intended”.

“The Inter-American Development Bank expresses regret that a survey administered by the Bank to children in the Barbados secondary school system has offended many Barbadians. The Bank sincerely apologises, but stresses that no offence was intended,” said the organisation.

The IDB also admitted that it has now followed the advice of the Ministry of Education and removed the questionable questions from the survey. However, they confessed that this ministerial request was omitted and the questions were “inadvertently left in the paper” before administering it locally. “The IDB recognises its position as a development partner with the Government of Barbados, with a long and mutually respectful relationship, and assures Barbadians it would not deliberately engage in any practice that would harm that relationship,” the statement continued.

According to a report online from November 2020, IDB partnered with the non-profit organisation code.org to carryout the regional evaluation in the Caribbean because of the size of the project and intended population.

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Black Immigrant Daily News

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Black Immigrant Daily News

New Zealand women prevailed in a Super Over after a tie in the 4th T20I at Sir Vivian Richards Stadium to take the series against West Indies women 3-1 with a game to spare.

Afy Fletcher took 2 for 16 as West Indies restricted New Zealand to 111 for 4 despite 49 not out from Amelia Kerr.

West Indies were in sight of a series-tying victory with four runs needed off the last over before Hayley Jensen dismissed Fletcher off the last ball of the final over to leave the game tied.

West Indies scored 15 runs in the Super Over with Natasha McLean hitting a boundary off Jensen.

However, New Zealand captain Sophie Devine hit a six off the first over bowled by Hayley Matthews, and then needing four off the last ball for the victory, smashed another six to seal a thrilling victory.

The 5th T20I will be played at the same venue on Thursday.

Trinidad and Tobago’s Danesh Ramdhanie stood with fellow umpire Jacqueline Williams in the match.

The Match Referee was T&T’s Michael Ragoonath, a former FIFA Assistant Referee.

Summarized scores: New Zealand 111 for 4 (Kerr 49*, Fletcher 2/16) vs West Indies 111 for 0 (Nation 23, Devine 3 for 29). New Zealand won in a Super Over

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Black Immigrant Daily News

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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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