Ruby Tuesday restaurant sues Australian rock band for $2 million
“Who could hang a name on you?”
"Goodbye, Ruby Tuesday,” goes the iconic Rolling Stones lyric from their hit single from 1967. Similarly, if you have ever been hungry in the US and looking for an arguably overpriced and possibly underwhelming hamburger, you may know the restaurant chain Ruby Tuesday. Though Keith Richards is the mastermind behind the lyric, the company (and it's lawyers) are protective over the namesake.
Ruby Tuesday, Inc is in the process of suing an Australian rock band for $2 million in copyright infringement for also being inspired the Stone's song title.
“While many artists pay tribute to other artists through imitation, when it comes to imitating famous trademarks, only Ruby Tuesday is entitled to the goodwill of its mark,” read the letter from Ruby Tuesday’s law firm, Mintz Levin, according to Vice. “In fact, the knowing adoption of a mark intending to play off a well-established mark is among the most egregious of trademark violations, warranting courts to apply the harshest of consequences.”
Ruby Tuesdays (the band) formed just over a year ago in Wollongong, Australia. With not much more than merchandising sales to their name, the pending lawsuit could be disastrous.
“We can’t [afford a lawsuit] however, our opinion there is no case here,” the band told Vice. “We had never heard about the restaurant chain before this. We got our name from the Rolling Stones song, as did they. They are selling burgers and we are making original music [and] it is no way derivative or an attempt to cash in on their market.”
Looks like the Rolling Stones may have to come bail them out.
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