Pub staff and customers at a North-West pub chain have been banned from saying "cheers" after U.S. lawyers claim word ownership and threatened legal action.
Pub chain boss Tony Callaghan has banned staff and customers from saying the word "cheers" after receiving an urgent couriered letter from New York lawyers representing American TV giant CBS.
CBS says it has worldwide property rights on the word "cheers" in a bar context - and has given Wigan-based Tony just ten days to confirm he'll comply with their request to disassociate himself and his chain of 25 bars from the now forbidden word.
I daren't take the risk - these Americans are litigation mad, and, who knows, they may already have sent corporate spies disguised as Wiganers to try to provoke one of our staff into saying the forbidden wordPub chain boss Tony Callaghan.
The letter was couriered from New York via DHL and arrived at Tony's office this week - and he's concerned the content could mean a billion dollar writ for selling a pickled egg if the word 'cheers' is used in a commercial context.
"This could be a landmark issue that goes way beyond any licensing, smoking or binge drinking legislation, and could affect every pub and bar in England: the word 'cheers' cannot be used in a bar context or related to commercial gain," said Tony.
"I daren't take the risk - these Americans are litigation mad, and, who knows, they may already have sent corporate spies disguised as Wiganers, Boltonites and people from Ashton-in-Makerfield to try to provoke one of our staff or customers into saying the forbidden word in a commercial context - i.e., when we're selling a pint, pie or pickled egg - so they can sue us for a billion dollars.
"It's so easy to say - it's a knee-jerk reaction. You says 'cheers' when you sell a pint, you say 'cheers' when you pay for it and you say 'cheers' when you're necking it.
"They seem to have gotten their knickers in a twist over me saying that I was going to create a bar with a 'Cheers' style' feel to it. I've already announced the bars will be called 'Fred's' after me dad, because he really enjoyed watching that series.
"The fact that I'll have a bar with bar stools and bar staff who talk to customers like they did in that series was neither here nor there. I'm beginning to wonder if they'll try to stop my customers speaking to the staff completely, and what if one of my staff is called Kirstie - a good North West name if ever there was one?
"They obviously don't know England, because if they did, then they'd know that the goings-on in a Boston bar like the one on the telly are hardly likely to occur in a boozer in Wigan."
Mallory Levitt, Vice President and Assistant General Counsel (Intellectual Property) for CBS, 51, West 52 Street, in New York, New York, said in the letter to Tony: "We request that your company refrain from using any elements derived from the CHEERS Property, including, but not limited to, a confusingly similar name, theme, logos, trade dress, photographs of the actors, or any other ties to the Series in relation to the supply of bar services in the UK.
"We would appreciate your providing this office with confirmation of your compliance with our request within ten days of your receipt of this letter. We trust you understand CBS Studios' concern over its rights and that you will cooperate fully with us without the need for further action.
"The foregoing shall not be deemed a complete statement of CBS Studios' position or a waiver of CBS Studios' rights, all of which are expressly reserved."
Tony said: "It's that last piece of gobbledegook that concerns me. I've taken advice, and it basically says any use of the word 'cheers' in my bars could result in us being sued.
"And that includes somebody saying 'cheers' when we serve them a pickled egg.
"I wouldn't mind, but when we researched on the interweb we found that saying the phrase 'cheers' when buying a drink dates back to Britain in around 1900," said Tony.
Yesteryear has bars in Ashton-in-Makerfield, Ashton-under-Lyne Bolton, Chester, Chorley, Lytham St Annes, Macclesfield, Oldham, Preston, Rugeley and Wigan.