Ruby Tuesday’s Makeover Found Shady – Fabric Studio Sues Over Lampshade Design
By: DEAN R. KARAU
January 2008
Ruby Tuesday restaurants were known for their Tiffany-style lamps, dark wood paneling, and knickknacks on the walls.
However, in the face of declining sales, the chain decided to rebrand, with a new menu, and new interiors and exteriors. According to a company spokesperson, Ruby Tuesday was “repositioning the concept as a more upscale, casual restaurant somewhere between the bar and grill and the fine dining categories . . .”
Unfortunately, Ruby Tuesday apparently did not check to see if anyone owned rights in the lampshade design it is using in its renovated restaurants. As a result, it is now embroiled in infringement litigation.
In late November 2007, Galbraith & Paul, Inc. filed suit in U.S. District Court in New York, alleging that Ruby Tuesday infringed its copyrights and trademark rights in one of its fabric designs (seen on the right – compare to the lampshades above).
According to its website, located at www.galbraithandpaul.com, Galbraith & Paul began originally “as a hand papermaking studio specializing in lamps with hand made paper shades, [and] we’ve evolved into a fabric design and printing studio concentrating on lighting . . .” (Its pillows can be found at Room & Board, while its lighting products, including shades, can be found at Room & Board, 2 Modern, and Lumens Light & Living.). Now it is involved in high profile intellectual property litigation.
Did Ruby Tuesday know about Galbraith & Paul’s rights in its fabric design, or did it hire design consultants to come up with its renovation? If the former, then it could be “goodbye Ruby Tuesday” in the litigation. If the latter, hopefully Ruby Tuesday’s contract with its designer has sufficient warranty and indemnification provisions in place to pin on the designer the cost of defense and any judgment against Ruby Tuesday for copyright and trademark infringement.
Keep in mind that furnishings, fabric, and other types of décor can be protected by copyright or trademark law. Before embarking on a major interior design renovation project for your business, check to be sure that your vendor contract protects you against this risk, or it could be lights out for you.