Celebrities, Is Your Persona Unique Enough?

• Published date: 14 July 2025
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Foga Daley
• Author: Ms Rachael Lodge Corrie

Rachael Lodge Corrie, Partner at Foga Daley, assesses the current circumstances for protecting celebrity names and their likeness in the Commonwealth Caribbean spurred by Usain Bolt's attempt to trademark the "Lightning Bolt".

Earlier last year, the eyes of the IP community were on Jamaican sprint legend Usain Bolt after it was reported that he filed a trademark application with the U.S. Patent and Trademark Office for his "Lightning Bolt" victory pose (Figure 1).

While many were of the view that this was the first time Usain was applying to trademark this pose, a review of his trademark portfolio reveals that this victory pose, along with a family of other "Bolt" related marks have been registered in numerous jurisdictions worldwide from as early as 2009.

It is not unusual to see trademarks registered for a celebrity's name, signature, celebratory poses, and gestures. Some examples include English footballer Jesse Lingard's "JLinz" goal celebration pose (Figure 2), Mo Farrah's "Mobot" silhouette trademark (Figure 3), Michael Jordan's "Jumpman" logo (Figure 4) and his signature jersey number "23" among many others, all of which immediately bring the celebrity in question to mind.

In many jurisdictions, including the Commonwealth Caribbean, there is no statutory right of publicity and as such, many celebrities (and sometimes their Estates) have relied on trademark law as a way to protect their persona and prevent others from taking advantage of their goodwill.

Presently, only two cases have been before a court in the Commonwealth Caribbean which address personality rights in the form of the...