Dishoom, the renowned restaurant chain known for its vibrant recreation of Irani cafes, is embroiled in a legal dispute to reclaim the term "Ruby Murray" for public use. The chain is challenging a London businessman's exclusive rights to this beloved Cockney rhyming slang for curry.
Trademark Dispute Over Beloved Slang
Dishoom has taken legal action by filing papers with the Intellectual Property Office (IPO), the governmental body responsible for overseeing trademarks. The aim is to revoke the trademark held by Tariq Aziz, who registered "Ruby Murray" five years ago for use in all things curry-related. Dishoom argues that Aziz has not utilized the trademark commercially, thus failing the "use it or lose it" principle inherent in trademark law.
Dishoom’s Legal Stand
Dishoom, which operates popular restaurants in major UK cities like London, Manchester, Edinburgh, and Birmingham, has been incorporating Ruby Murray’s name into its menus, notably for its Chicken Ruby dish. A Dishoom spokesperson elaborated on their position: "A third party holds a trademark registration for Ruby Murray, and we believe they have never used it. There is a principle of ‘use or lose it’ in trademark law, and we have therefore asked the UK IPO to remove the Ruby Murray mark from the register. Dishoom is not seeking to apply to register Ruby Murray in its own name. It wishes to remove the ‘monopoly’ on the use of Ruby Murray so it can be used freely by anyone when referring to curry."
Aziz’s Defense
In response to Dishoom's challenge, Tariq Aziz, the current owner of the trademark, asserts that he has been actively using the Ruby Murray trademark in his business endeavors. "I was surprised when I received a letter from the IPO. I don’t want the trademark to be revoked. I am trading under the trademark Ruby Murray. We have a premises in Islington, north London, called Ruby Murray. It’s closed for refurbishment at the moment, but will reopen soon. We also have a ready-to-eat range which we are looking to expand with frozen foods," said Aziz.
IPO's Review Process
The IPO confirmed that an application to revoke the trademark was filed on May 15. According to an IPO spokesperson, "The registered owner has until July 15 to indicate whether they will offer a defense. If they fail to do so, the trademark will be revoked and removed from the register. Any defense offered will be considered before a decision is made."
Family Concerns and Cultural Heritage
The use of Ruby Murray's name extends beyond commercial interests, touching on cultural and familial sentiments. When Aziz first secured the trademark, Tim Murray, son of the late Ruby Murray, expressed his discontent that the IPO did not consult the singer’s family. "Everyone knows that Ruby Murray is Cockney rhyming slang for curry – it is part of our language and heritage. A government body should not be allowed to grant a single businessman the sole rights to use her name for financial gain," he remarked at the time.
Continued Use in the Curry Industry
Despite the trademark registration, the term "Ruby Murray" remains in use by various curry establishments. A quick online search reveals numerous businesses using the phrase, suggesting that Aziz’s trademark has not significantly impeded others from leveraging the popular slang.
Ruby Murray’s Legacy
Ruby Murray, a celebrated 1950s singer who passed away in 1996, left an indelible mark on British culture. Her legacy was further cemented in 2019 when a blue plaque was unveiled in Belfast to commemorate where she was born and raised. Murray rose to fame with hits like "Softly, Softly," and her name became immortalized in Cockney rhyming slang, symbolizing a beloved cultural connection to curry.
Future Implications
The outcome of this legal battle could set a significant precedent for trademark law and the use of cultural slang in commercial contexts. If Dishoom's challenge is successful, it could open the door for wider, unrestricted use of "Ruby Murray" by businesses and curry aficionados alike, preserving its place in cultural heritage and everyday vernacular.
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