The lawsuit, sparked by the shared name of the band and burger chain, seems absurd given both entities took the name from the Rolling Stones 1967 track ‘Ruby Tuesday’. Despite this shared inspiration, the Aussie musos have received a letter from the restaurant’s law firm anticipating “the harshest of consequences.”
“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 said, according to Illawarra Mercury. “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.”
Reports suggest the burger chain is also asking the band to surrender its website and destroy all merchandise. Ruby Tuesdays has invested $12,000 into gigs and merchandise for a current return of $1,000. It’s an admirable dedication to their craft, and they won’t give up on this naming-rights battle without a fight.
“We definitely have no plans of destroying and handing over our merchandise,” the band told 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.”
In true Aussie style, music fans around the nation are supporting the group by purchasing the merch their US counterparts supposedly want to see the end of. According to Vice, they’re even receiving support from a UK band of the some litigious name, who have offered their support and suggested the two groups do a show together.
Get the latest Ruby Tuesdays gig news and merch updates here.
Image via Shenay Spinelli.