Dishoom launches legal battle to overturn ‘Ruby Murray’ trademark

The Telegraph​ reports​​ that the Indian restaurant group has lodged legal papers with the Intellectual Property Office (IPO) to revoke a registration secured five years ago by London businessman Tariq Aziz to exclusively use the term as a food and drink trademark.

Ruby Murray refers to the name of a 1950s singer and has long been used as Cockney rhyming slang for curry.

Dishoom, which serves a curry on its menu called the Chicken Ruby in a nod to the term, claims that Aziz has not used the name Ruby Murray in a commercial way, so the registration should be revoked.

In a statement provided to Restaurant​, a Dishoom spokeswoman said: “A third party has a trademark registration for Ruby Murray, and we don’t believe that they have ever 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.”

However, Aziz has told The Telegraph​ that he is trading under the name Ruby Murray.

He said: “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.”

Aziz has until 15 July to indicate to the IPO if he will defend his right to the trademark. If he doesn’t, the trademark will be revoked and removed from the register.