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Tuesday 10 July 2018

Americans fear confusion between a burger chain and a pub rock band

It is well known that Americans are easily confused. They elected a moron as president and many of them are bewildered to discover Australia and Austria are not the same country.

Now an American fast food chain is risking making a global laughing stock of itself by claiming that its customers are likely to be unable to differentiate between their burgers and pub rock band from Wollongong in Australia.

The fast food chain is called Ruby Tuesday, having taken its name from a Rolling Stones song from the 1960s. The band is known as Ruby Tuesdays, having taken its name from the same Rolling Stones song, which was also a hit for Melanie Safka.

The band; not be confused with a burger chain 

Ruby Tuesday, the restaurant chain, has been operating since 1972 without anyone getting it confused with the song of the same name. But it fears burger lovers will get it mixed up with an obscure band from the other side of the globe.

Ruby Tuesdays is a five-piece rock/funk fusion band formed last year. Now the 540-strong restaurant chain has issued legal proceedings demanding the band surrender its name and destroy all its merchandise, citing international copyright law.

The Illawarra Mercury newspaper reported that guitarist Shaun Snider received a notice of infringement from San Diego-based law firm Mintz Levin last month, calling on the band to transfer its web domain to “our client” and “compensate Ruby Tuesday for past sales”.

“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.

Which conveniently ignores the fact that Ruby Tuesday does not even have any eateries in Australia.

Snider told the newspaper the band had since taken legal advice and had responded to the notice, refusing to surrender its name.

“The nature of trademark is that you’re trying to sell something similar under the guise that it’s [the same thing],” he said.

“It’s ridiculous that someone would rock up to a gig in Wollongong under the guise that they were going to get a burger. That’s what they’re trying to sue us over. It’s just that silly."

I wonder if the litigious Americans are aware of another Ruby Tuesday, a five-piece covers band, based in Worksop, Nottinghamshire, or Ruby Tuesday Consulting in London WCE2, or even Rugby Tuesday at St Marie's Catholic Primary School.

I hope Ruby Tuesday nail salon in Aberdeen, Scotland, are not quaking in their boots. 

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