ORIGINAL STORY: Ruby Tuesday, the US burger giant that ripped its name off a Rolling Stones song, is threatening to sue a broke Aussie rock band with a similar name for infringing on their trademark.
To the tune of an eye-watering $2 million, no less.
Ruby Tuesday the restaurant has served Ruby Tuesdays the band with a letter outlining their intent to sue. It reads: “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 continues: “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.”
The corporation has demanded that the group change its name, close down its website, destroy all of its merch and pass on all of its profits as compensation, but you’ll be pleased to note that the Wollongong act has basically told the eatery to EAD.
“We definitely have no plans of destroying and handing over our merchandise,” the band tells MUNCHIES. “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.”
The ‘Gong act say they’re basically “penniless”, operating their business (like most Aussie bands) at a loss after splashing out about $12,000 on gigs, a music video, and Ruby Tuesdays tees.
“We can’t [afford a lawsuit] however, our opinion there is no case here,” the band explain, adding that they’ve enlisted the help of a lawyer.
“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 it is no way derivative or an attempt to cash in on their market.”
Peculiarly, Ruby Tuesdays are far from the only band in Australia, let alone the world, to borrow their name from the classic Stones’ tune, but they seem to be the only ones who’ve been threatened with legal action over it so far.
“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 band tells MUNCHIES.
So they won’t be saying goodbye to their Ruby Tuesdays name just yet, then.
You’d be forgiven for thinking the word ‘Tuesday’ might be cursed. This news comes after the Smith Street Band’s drummer’s Melbourne pub was recently threatened with a lawsuit by Salsa’s Mexican restaurant over its use of the phrase ‘Taco Tuesday’.
Hey @rubytuesday ….fuck you!
Please come and open an outlet in Australia so we can boycott you!
Australians support #rubytuesdays …an independent band from #Woollongong …we’ll flush your shit down the toilet.#BackOff
— Marco Bogaers (@MarcoBogaers) July 8, 2018