Cognate's Trademark Blog

When In Doubt Threaten A Penniless Band On The Other Side of The Planet With A $US2 Million Lawsuit

Very grubby tactics used by a US fast food chain and their San Diego Lawyers,Mintz Levin, on a small indie band in Wollongong Australia.

The Australian Broadcasting Corporation report

The four-piece band recently received a cease and desist letter from the lawyers of the US restaurant giant Ruby Tuesday, stating that they were taking legal action against the group and threatening a $2 million lawsuit.

“We provide you with this notice of infringement and demand that you promptly remove the Ruby Tuesday mark on your website, apparel, and social media and cease all use of RUBY TUESDAY,” stated the letter from Mintz Levin lawyers based in San Diego, California.

“It constitutes wilful trademark infringement and cybersquatting.

“It is a blatant attempt to play off of Ruby Tuesday’s registered and famous Ruby Tuesday trademark in order to promote an affiliation associated with that famous mark.”

The band said that, like the food company, they took their name from the Rolling Stones song, although the local band’s music is quite different to the group that inspired it.

External Link: Ruby Tuesday Band music

The legal letter represented a bumpy beginning for the new rock/punk band after only forming in late 2017.

“The company want the turnover and the destruction of all of our merchandise and money made from our merchandise and albums,” guitarist Shaun Snider said.

“They want our domain name, us to change our name and pay their legal and other costs.”

What was particularly baffling to the men was that far from being alone, the band was actually one of many bearing a variation on the name Ruby Tuesday.

“There’s a whole other bunch of Ruby Tuesday bands out there, there’s Ruby Tuesday beer, there’s Ruby Tuesday belly dancing, jewellery,” Mr Snider said.

The band won’t give up the name

“We were scared at first, it’s quite a threatening letter, like a science-fiction read,” lead singer Paul Keys said.

“They are suing us for $2 million, which we have no chance of paying — but if we were to lose, it would be their legal fees also.”


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