A US Burger Chain Is Suing A Broke Aussie Band Over Their Name
They're asking a chill $2 million.
US burger chain Ruby Tuesday has filed a $2 million copyright infringement lawsuit against an Wollongong band the Ruby Tuesdays.
Ruby Tuesdays (the band) — who formed in the ‘Gong just last year, and recently released the single ‘Wooden Moon’ — received a letter from Ruby Tuesday (the burger chain) law firm last month, demanding the band surrender their official website and destroy all their merchandise. Additionally, it asked the band to “compensate Ruby Tuesday’s for past sales”.
“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,” the letter read. “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.”
There’s just one small problem in the burger chain coming after the Ruby Tuesdays’ money — they have none. According to the Illawara Mercury, the band have sunk about $12,000 into the project since last year, and have so far only received about $1000 back.
“We definitely have no plans of destroying and handing over our merchandise,” the band told Vice. “If they want we are willing to give them a copy of a CD to play in one of the restaurants for $30 plus a shipping fee.”
“We can’t [afford a lawsuit] however, our opinion there is no case here,” the band added. “We had never heard about the restaurant chain before this. They are selling burgers and we are making original music it is no way derivative or an attempt to cash in on their market.”
There’s also the fact that the burger chain took their name from the Rolling Stones’ 1967 song ‘Ruby Tuesday’. The burger chain, however, owns the trademark for the name — which is why shit has hit the fan.
As Vice notes, the ‘Gong band are far from the first act to use the name: there are Ruby Tuesdays in South Africa, the UK, and even one in Melbourne. But for whatever reason, this is the first time the chain has threatened one of the bands with a lawsuit.
“We got our name from the Rolling Stones song, as did [the burger chain]. We were actually contacted by the band ‘The Ruby Tuesdays’ from the UK who said we have their support and we should do a show together,” the Gong band said.
The band responded to the lawsuit notice shortly after retaining the services of a lawyer; they have refused to surrender the name. “It’s ridiculous that someone would rock up to a gig in Wollongong under the guise that they were going to get a burger,” the band told the Illawarra Mercury. “That’s what they’re trying to sue us over. It’s just that silly.”
It’s now up to the burger chain to respond. In the meantime, the band reported that their merch sales have gone through the roof since they went public with the ordeal. Get your hands on some of that sweet merch here, and listen to their latest single below.