Invariably love and business do not make good bedfellows.

Hunter Hammersmith, a company that did advertising work for Sandals over many years (with Butch Stewart’s third wife, Cheryl Hammersmith as one of its founders back in 1987), is now seeking a declaratory judgement arising from its claims that Sandals used its protected works and breached its registered copyright.

This case will be heard in Florida.

“Prior to his death in early 2021, Sandals Chairman Butch Stewart approved all creative content prepared by Hunter Hammersmith Advertising and approved all billing and payments to Hunter Hammersmith Advertising in Miami,” assets the plaintiff.

This lawsuit centres on copyright issues and who owns advertising work done to promote Sandals resorts. Hunter Hammersmith also claims that it is owned money by the Caribbean resort giant founded and operated by Jamaica’s now deceased Butch Stewart.

Part of the claim reads: “From 1992 until mid-2021, HH Advertising originated a large body of creative works, consisting of advertising materials, advertisements, photographs, videos, commercials, and other works of authorship created in connection with various projects for the Sandals Parties, including ownership of all interests in photographs, digital images, film, video, and other images, whether still or in motion, by assignment to HH Advertising exclusively.

“HH Advertising registered its copyright in the Pre-2021 Projects with the U.S. Copyright Office.

“Beginning in June 2021, as a result of changes in ownership, and as a condition of doing future work, the Sandals Parties demanded that HH Advertising assign all rights in “Photographic Materials” to the Sandals Parties, for new projects beginning in June 2021, which included the following photo shoots (collectively “2021 Projects”):

a. Sandals Barbados and Royal Barbados 9 Day Photoshoot

b. Exuma and Sandals Emerald Bay – 2 Day HD Live Shoot

c. Exuma Excursions and Sandals Emerald Bay – 2 Day Lifestyle

d. Sandals Jamaica -5 Day Photo Shoot

e. Sandals Jamaica – Jamaica Excursions

f. Sandals South Coast – 2 Day Lifestyle

g. Sandals South Coast – 2 Day HD Live Shoot (42399E

h. Exuma Excursions and Sandals Emerald Bay – 2 Day Lifestyle Shoot

i. Sandals Royal Barbados – 4 Day Live Shoot

j. Sandals Royal Barbados – 4 Day Lifestyle Shoot

“HH Advertising agreed to the Sandals Parties’ demand and assigned all rights in the Photographic Materials from the 2021 Projects to the Sandals Parties.

“With the Chairman’s passing, the Sandals Parties insisted that the parties enter into a formal written Advertising Agency Agreement (the “Draft Advertising Agreement”). Buried within the Draft Advertising Agreement, the Sandals Parties inserted a clause in an attempt to transfer to the Sandals Parties, all Works created by HH Advertising.

“When HH Advertising refused to sign the Draft Advertising Agreement, including the transfer of all ownership rights in the Works to the Sandals Parties, the Sandals Parties removed from HH Advertising’s scope of work, approximately US$3 million in revenue, in an effort to force HH Advertising to sign the Draft Advertising Agreement.

“The Draft Advertising Agreement was never signed. On August 3, 2023, HH Advertising sent a letter to the Sandals Parties requesting that they make an offer to purchase HH Advertising’s copyright interests in the Works. The Sandals Parties did not respond to HH Advertising’s August 3rd letter. Instead, on August 15, 2023, the president of UVI, Jeff Clarke, terminated the Sandals Parties’ relationship with HH Advertising, instructing HH Advertising not to do any “new” advertising work.

“HH Advertising has since learned that the Sandals Parties are in the process of engaging other advertising firms to handle their advertising needs and intend to use the Works with their new advertising firms.

“On September 22, 2023, HH Advertising, through counsel, sent a cease and desist letter to the Sandals Parties demanding that they cease all use of the Works, in any medium, as HH Advertising exclusively holds ownership of all rights, including copyright interests in the Works.

“In response, on September 27, 2023, the Sandals Parties, through counsel, sent a letter to HH Advertising, claiming ownership in the copyright interests in the Works and expressly rejected HH Advertising’s demands. As such, there presently exists a justiciable controversy regarding HH Advertising’s ownership of the copyright interests in the Works and the Sandals Parties’ right to use, copy, or distribute the Works, now that the parties’ working relationship has been terminated.

“As alleged herein, HH Advertising created and owns the Works, and the copyright interests therein, which are protected by federal copyright registrations.

“HH Advertising owns the copyright interests in the Works it created in connection with its advertising services for the Sandals Parties, and HH Advertising has demanded that the Sandals Parties immediately and permanently cease and desist all use of the Works.

“The Sandals Parties expressly refused to comply with HH Advertising’s demands.

“By their own admission, the Sandals Parties intend to continue to utilize the Works that HH Advertising created in connection with their advertising and marketing for the Sandals Parties. Accordingly, HH Advertising seeks an adjudication of its rights in the copyrighted Works.

“Specifically, HH Advertising seeks a determination that HH Advertising owns all copyright interests in the Works.”

This contentious legal drama is part of a wider ugly battle between Butch Stewart’s two families; his earlier Jamaican family and his American family.

His third wife, Cheryl Hammersmith, bore him three children namely Sabrina and the twins Kelly and Gordon. Butch Stewart died leaving behind a huge estate which is the subject of fractious internecine family feuding.

His Cromwell Trust Company made clear the details of his will and wealth and to whom bequeathed what.

Cheryl and her children want the details of his estate to be made public while Butch’s older children, Adam, Brian and Jamie want it guarded and do not wish for their father’s wealth to be disclosed to all and sundry. 

This case is being contested in the Bahamas. 

Makhulu commented: “ All too often you see this happening in wealthy families.  Butch was always clear that Adam would succeed him and prepared him to helm the empire when he left us. So far, so good. I think his father would be proud and would approve.

“Cheryl’s kids are young and not at the stage to participate in the management of the various businesses. I do believe that Cheryl is one of the executors of Butch’s will. All this is most unfortunate. It is likely a great Jamaican family business that made its mark across the world will now have its affairs dragged out in court. One wonders what Butch Stewart would have made of all this. I’m sure he would want his wishes respected and carried out.”