Tomorrow, Aston ‘Family Man’ Barrett and former Wailers members Al Anderson, Tyrone Downie and Earl Lindo will be in a Virginia court to prevent another band from performing under the same name.
Peggy Quattro, Wailers consultant, accused the ‘Sham Wailers’ of breaking the law.
“There is a sham band out there touring who call themselves The Wailers…However, there is no Wailer in it. They hijacked Wailers.com and used the real Wailers images and history. They are wilfully deceiving media, promoters and fans and have even played Lockn’ Fest in Arlington, Virginia, on Sunday,” Quattro told the Jamaica Observer.
“Everyone is cool as we have multiple lawyers and consultants. ‘Family Man’ has a really good team around him. He is an original Wailer and he has been robbed of that. He just wants the fake band to quit,” she continued.
This is based on a number of allegations and actions, including: Unauthorised Use of Name and Pictures, as the defendants have used Barrett’s name and image for promotion and marketing; claiming The Wailers’ legacy; Common Law Fraud, which is falsely representing facts to fans, promoters and general public; taking advantage of The Wailers’ fame and goodwill; and Unjust Enrichment, as the defendants have received financial gain at the plaintiff’s expense, with no action to repay.
Barrett joined The Wailers in 1969, shortly after leaving the Upsetters band. He and his younger brother (drummer) Carlton were the band’s vaunted rhythm section that drove Bob Marley’s legendary band.
Carlton Barrett was murdered in 1987. Aston Barrett left The Wailers last year due to ill health.