Vapour rub, Pepsi and Manley: A look at 100 years of Jamaica's oldest law firm

Ken Jones, Contributor

A characteristic flaw in the Jamaican temperament is the tendency to discount our treasures, forget the wisdom of the past and learn too little from the deeds of our distinguished ancestors. It is a lingering malady that afflicts all classes of persons - rich and poor; lettered and unlettered.

The great Jamaican lawyer and historian Ansell Hart opined: "Ignorance of salient Jamaican history among Jamaican leaders was and is colossal; and has led to some curious constitutional and political mistakes, some important, some unimportant, but all symptomatic of historical deficiency."

National Hero Norman Manley once remarked: "I spent eight years in secondary school and left without knowing one single fact about the history of the past, the current history or the possibilities of Jamaica as a country."

Last month, on the 10th day to be exact, the people of this country passed another remarkable milestone marking the 100th anniversary of Jamaica's oldest law firm - Livingston, Alexander and Levy. Distracted by day-old dramas that probably will not survive a decade in our memory, we walked by without observing evidence of enduring endeavours that have consistently contributed to the commonweal; strengthened and uplifted the standard of our institutions. We have not fully drawn from this event the inspiration that it offers in the values of hard work, the exercising of intellect and courage to overcome adversity.

Formed in the early years following the devastating 1907 earthquake that demolished Kingston, the

firm came into being with the name Livingston and Alexander. This was still the era of the horse and buggy; several months before Jamaicans would for the first time see an aeroplane in the skies. This took place in December 1911 when Jesse Seligman flew his plane over Knutsford Park (now New Kingston) to the delight of a great gathering of cheering spectators. Coincidentally, in that same year young Albert Forsythe left his home in Portland to study in America. He would return in 1934 as Jamaica's first certified aeroplane pilot, landing his plane at Up Park Camp, because there was no airport in Jamaica at that time. He and his co-pilot Charles Anderson were the first black aviators to complete a cross-country flight.

A hundred years ago the British parliament gave passage to the Official Secrets Act 1911, which made it a criminal offence to disclose information without lawful authority. It was also considering the Copyright Act (1911) establishing an author's rights upon creation of a work. And here in Jamaica there was the formation of a law firm that would, in time, become a leading advocate in the legal protection of intellectual property including trade marks.

FOUNDING PARTNERS

The new law firm was the brainchild of Noel Brooks Livingston, later to be knighted for distinguished public services given through roles that included president of the legislative council, custos of Kingston, ex-officio member of the KSAC and chairmanship of several social-service organisations. The other founding partner, Harold V. Alexander, was clerk of the legislative council and later acted as crown solicitor. In addition to his many business connections, he contributed mightily to the development of a variety of sporting bodies. When Jamaica participated in the 1938 Olympic games in Panama, he was manager of the team that won 23 gold, five silver and 12 bronze medals.

Shortly after its launch, the firm was joined by Mervyn King, a solicitor from Black River in St Elizabeth. He was secretary of the Munro & Dickenson Trust (Munro College). For a brief time, the organisation became known as Livingston, Alexander and King, and when King left, Livingston and Alexander carried the title until 1945 when the name was amended to accommodate Aston Charles Levy, a St Elizabeth lawyer who had joined the firm in 1930. Scholars and sportsmen of that era will remember him as president of the Munro Old Boys' Association.

DIMINISHING STAFF

The 100-year voyage has not always been calm cruising for Livingston, Alexander and Levy. In the turbulent 1970s when Jamaica was experiencing mass migration from these shores, the firm lost no less than a dozen attorneys, eight of them partners. Those departing were such well-known legal personalities as Deryck Stone, Ron Sturdy, Paul Levy, G. Anthony Levy, William and Gordon Smith, Tony Bourke and Jeffrey Pattinson. At one point, the question of the existence of the firm arose. Could it continue with its complement so substantially diminished? In answer, the remaining partners resolved to face the prevailing conditions, weather the storm and sail on.

From its modest beginning, the firm has grown in the scope of its services, the volume of its clientele and the number of partners it has engaged. Today, there are 14 partners, headed by Paul Cooper. The team includes one of the region's leading queen's counsel, Roald N.A. Henriquez, and lately, Allan Wood. The firm has also gone on to enter the insurance business with the formation of Livingston, Alexander and Levy Insurance Company, which later changed its name to Lival Insurance. In 1965, it incorporated the Jamaica General Insurance Company and, after a successful run, sold the business to Globe Insurance Company.

Over the past 66 years, the Livingston, Alexander and Levy stamp has been embossed on thousands of legal documents related to civil suits. These are to be found in the areas of bankruptcy, corporate law, employment and industrial relations, estate planning, wills and trusts, family law, maritime law, intellectual property, real estate, pensions, property conveyancing and securities. In such matters, the firm has acted as counsel to various institutions, including multi-national corporations, banks, insurance companies, building societies, credit unions, venture capitalists, private lenders and statutory agencies. It has also dealt with notable issues concerned with local and foreign interests in the bauxite and alumina sector, public utilities, agriculture, media, tourism and real-estate financing and development.

In earlier times, the legal profession in Jamaica was divided between barristers and solicitors. Solicitors could appear in the Resident Magistrate's Court and do legal work of all kinds. However, they did not have audience in the Supreme Court or the Court of Appeal; and were required to brief the barristers, who would argue on their behalf. In 1972, the two arms of the profession were joined by the Legal Profession Act and solicitors and their firms can now have direct access to the Supreme Court and the Court of Appeal.

Landmark cases

Livingston, Alexander and Levy has played leading roles in all the courts and in many a landmark legal case, such as Coca Cola vs Pepsi Cola; the famous DeCordova vs Vicks trial in 1951, the DPP vs former government minister Allan Isaacs; the constitutionality of the Gun Court, the Riley vs Attorney General case concerning the death penalty; Strachan vs The Gleaner; the Bob Marley estate dispute; and Guinness Jamaica Ltd. vs General Foods Corporation in the battle between Ting and Tang. Many of these matters had to do with intellectual property and trade marks, a field in which Livingston Alexander and Levy specialises.

In 1939, the firm was engaged to act on behalf of Pepsi-Cola, whose application for registration of a trade mark in Jamaica was opposed by Coca-Cola. Livingston Alexander and Levy instructed Norman Manley and when the case was heard at the Registrar General's Office in Spanish Town, the application was granted and costs awarded to Pepsi-Cola.

The matter was taken before the court, which upheld the Registrar's decision. Coca-Cola then sought leave to appeal to the Judicial Committee of the Privy Council and this was denied on the ground that the principle of law must be one of general application, raising the question of public importance and not merely of concern to the litigants. This was argued by Manley, instructed by Livingston Alexander and Levy.

Vapour rub case

The Vicks case was made famous by the courtroom performance of Manley who, instructed by Livingston, Alexander and Levy, appeared on behalf of Vicks Chemical Company which, since 1915, had been selling an ointment under the name 'Vapour Rub'. In 1944, a firm, Cecil DeCordova, began importing and selling a product marked 'Karsote Vapour Rub'. Vicks sued for the infringement of their two registered trade marks; and DeCordova contended that the first marks were not infringed and that the second was invalidly registered, being merely descriptive of the goods concerned.

At the first hearing of the case, Mr Justice Savary ruled in favour of DeCordova; and when the verdict was overturned in the Court of Appeal, the matter was taken to the Judicial Committee of the Privy Council. Manley, again instructed by Livingston, Alexander and Levy, argued before the law lords and won a memorable verdict. After that trial, Lord Chancellor remarked that Manley's argument was the best he had ever heard in a trade mark case. The Vicks Company later stated that in all their legal matters they had had no lawyer equal to Manley.


See the conclusion of this article next Sunday