“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 from Ruby Tuesdays' law firm, Mintz Levin, said, according to Vice. “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.”
What may be lost in this is how the name Ruby Tuesday was created, through a Rolling Stones song, that was apparently inspired by Keith Richards’ girlfriend Linda Keith.
“We definitely have no plans of destroying and handing over our merchandise,” the band told Vice. “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.”
Ruby Tuesdays, the Australian band, has apparently retained an attorney to fight the lawsuit. “We can’t [afford a lawsuit] however, our opinion there is no case here,” the band said. “We had never heard about the restaurant chain before this. We got our name from the Rolling Stones song, as did they. They are selling burgers and we are making original music it is no way derivative or an attempt to cash in on their market.” [CelebrityAccess]
Many Bands, Many Lawsuits?
More than one band is using the Ruby Tuesday name. Here's one that didn't even bother to add an "s" to the end of the their name. Perhaps they avoided a lawsuit because, with under 300 YouTube views since 2013, they are even more obscure than their Australian bretheren.
Here's the band being sued: