Wollongong’s Ruby Tuesdays stand up to US restaurant lawsuit

Australian bands have a long tradition of naming themselves after songs or album titles by The Rolling Stones.

They include Beasts of Bourbon, Dead Flowers, Sway, Midnight Ramblers and Sticky Fingers.

But that was the case for emerging Wollongong funk fusion band Ruby Tuesdays who named themselves after their own song Ruby Tuesday Blues which referenced the Stones’ mid-’60s ballad of that name, which Keith Richards wrote about his ex-girlfriend Linda Keith.

However, the Wollongong outfit – which formed last year – now has US restaurant chain Ruby Tuesday in its sights.

The “American food” chain is threatening the band with a trademark infringement lawsuit for $2 million.

It also wants the band’s website address assigned to it, to pass on all profits as compensation and to destroy all merchandising.

“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.”

Worth $929 million, the chain has 540 outlets around the world, mostly in the US and none in Australia.

The band, on the other hand, have just made a grand profit of $1,000 – and they’re not giving that up or changing their name.

According to band member Shaun Snider, a legal letter has been sent back outlining their refusal.

“We’re hoping it’s just a shakedown and nothing more,” says Snider.

“But we very much doubt that someone’s going to come to one of our gigs and mistakenly order a burger.”

Since the story broke, music fans from around the country have shown their support by wanting to buy their merchandise and their new single Wooden Moon.

And if things do go against them and they have to drop the name,  they have an alternative – The Mintz Levin Infringement, after the chain’s California-based law firm, who sent the letter.