A US dining establishment chain is threatening to take legal action against Wollongong band Ruby Tuesdays for using their name. The four-piece band just recently got a stop and desist letter from the attorneys of the US dining establishment giant Ruby Tuesday, specifying that they were taking legal action versus the group and threatening a $2 million claim. ” We supply you with this notification of violation and need that you without delay remove the Ruby Tuesday mark on your website, garments, and social media and stop all use of RUBY TUESDAY,” specified the letter from Mintz Levin attorneys based in San Diego, California. ” It makes up wilful trademark violation and cybersquatting. ” It is an outright effort to play off of Ruby Tuesday’s signed up and popular Ruby Tuesday trademark in order to promote an association related to that well-known mark.” The band stated that, like the food company, they took their name from the Rolling Stones tune, although the local band’s music is rather different to the group that motivated it.
” The company want the turnover and the damage of all our merchandise and money made from our merchandise and albums,” guitar player Shaun Snider stated. ” They want our domain, us to change our name and pay their legal and other expenses.” What was especially confusing to the men was that far from being alone, the band was really among many bearing a variation on the name Ruby Tuesday. ” There’s an entire other lot of Ruby Tuesday bands out there, there’s Ruby Tuesday beer, there’s Ruby Tuesday tummy dancing, jewellery,” Mr Snider stated.
The band will not quit the name
” We were terrified in the beginning, it’s rather a threatening letter, like a science-fiction read,” diva Paul Keys stated. ” They are suing us for $2 million, which we have no opportunity of paying– but if we were to lose, it would be their legal costs also.” ” It does appear amusing because it’s so improbable; it’s so intangible.” The company declared that using the name is a trademark violation which customers may be puzzled in between the 2 brand names. The band stated that showing up to a live gig is very different to purchasing a hamburger in a dining establishment. ” This is an enthusiasm job so it’s amusing that we’ve been singled out,” Mr Snider stated.
The US company deserves practically a billion dollars.
The dining establishments have actually been around since 1972 operating 540 outlets throughout America. On the other hand the Wollongong band of buddies have actually up until now invested $13,000 making their dream come true– and are yet to make an earnings. ” In our viewpoint there is no case here, we will not be altering our name,” Paul Keys stated. ” This has actually been a dream of mine personally since I was a child, I started singing 5 years earlier and it was among those things I believed I would always be sorry for refraining from doing in my life,” Paul Keys stated. Specialists say copyright claims are on the increase with online sales. Copyright professional Michael Handler, of the University of New South Wales Law professors, stated that copyright and trademark cases were increasing because of the grey area of marketing on the web.
He stated that Australian traders has to know that trading online does open themselves to difficulties under foreign laws and to always check if a trademark is signed up somewhere else. ” This does not strike me as a very strong case,” Professor Handler stated. ” The distinction in between a band on the one hand and a dining establishment on the other is quite plain. ” It’s hard to see how a customer of the dining establishment chain would be puzzled if they encounter the band name. ” There’s also that both the band and the dining establishment have actually taken their name from a Rolling Stones track.”. Teacher Handler stated it can be intimidating for small companies to secure their legal rights. ” There’s a huge expense included,” he stated. ” Often the technique that is used by huge owners of brand names is to send out a threatening letter in the hope that the opposite will just fold, rebrand or just change it’s name.”.
Teacher Handler stated if it were to go to court, there was a risk the band might lose, but that it would be hard to implement. ” It gets rather challenging when a US company takes legal action against an Australian company, if the US company succeed in the US, they would then need to aim to impose that judgement in Australia to get any money– so there are very hard logistical actions to take.”. They hope the matter can be fixed quietly with the US company and have actually looked for legal recommendations. ” How about you purchase our album and play it in your dining establishments?” Paul Keys stated. ” Please do not sue us and perhaps we can interact.”. The US Ruby Tuesday dining establishment chain and the company’s attorneys have actually been gotten in touch with for remark.