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Newmarket Hotel's promoter had to change the name from Hummingbird to Fyrefly, ridiculous..... really!

 

 
< A legal stoush between two Melbourne jazz clubs and their connections with a fabled New York night spot could kill two birds with one stone.

Melbourne club Bird's Basement last week sent a threatening legal letter to St Kilda's Newmarket Hotel, which had recently launched a live music space called The Hummingbird.

A lawyer for Bird's Basement, which energetically promotes itself as a sister club of New York's world-renowned jazz club Birdland, ordered the new venue to stop using the name The Hummingbird or any name containing the word ‘‘bird’’.

‘‘Bird’s Basement is a sister venue of Manhattan’s Birdland,’’ according to the letter, seen by Fairfax Media, which also states that since opening in 2016, Bird’s Basement has ‘‘heavily promoted its connection to Charlie ‘Bird’ Parker and New York’s Birdland’’.

Parker, who died in 1955, was a saxophonist and regular headliner at the original New York City Birdland, which opened on Broadway in1949.

The club closed in 1965 but was reborn on the Upper West Side in 1986. It relocated to Midtown in the mid ‘90s, where it still operates as a thriving jazz venue. Along with Parker, the original Birdland hosted jazz greats such as Dizzy Gillespie, Thelonious Monk, Miles Davis and John Coltrane.

Bird's Basement's legal letter threatened to pursue the profits of the new club if the name was not changed by May 9 and any advertising under The Hummingbird name cancelled.

The letter from Bird’s Basement legal representative states it is the only jazz venue in Australia that can claim an association with Birdland in New York and which can claim rights to use the word ‘‘bird’’ in Australia ‘‘in relation to the operation of a venue for the performance of jazz music’’ and for related entertainment.

Suitably spooked, Hummingbird co-owner Heather Para immediately changed her venue's name to The Fyrefly.

‘‘Creating this venue is a labour of love ... and we won’t be thrown off course,’’ Ms Para said, just days after The Hummingbird was launched with Minister for Creative Industries, Martin Foley, in attendance. ‘‘We are not in fact a jazz venue, but rather an entertainment venue of varied genres.

‘‘We don’t wish to be distracted ... so we are making the changes immediately and humbly apologise to anyone who may have been confused by our name.’’

So that's one bird down. But the brouhaha has also left the legal aggressor exposed.

Melbourne property developer and jazz enthusiast Albert Dadon opened Bird’s Basement and recently bought the name and assets of defunct Sydney venue The Basement, which closed in April. He told Fairfax Media last month he’s searching for locations in Sydney to re-open, but doubts it would be at The Basement’s previous Macquarie Place premises.

A spokesman for New York's Birdland told Fairfax Media this week that in order to ‘‘set the record straight’’ the famous Manhatan jazz hot spot ‘‘is not affiliated with any other venue’’ in New York or Australia.

A response was sought from Mr Dadon – but he was unavailable to comment.

His representatives referred Fairfax Media back to the legal letter, empasising the lines: "Bird's Basement has a strategic partnership with Birdland and it has registered the name Birdland Jazz Club back in 2015" and that use of the name The Hummingbird is ''likely to mislead or deceive'' consumers.

As to the question of whether two birds will be killed with one stone, only time will tell. >

 
regards Ian
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  • 4 weeks later...
Guest jakeyb77

Good to see that place is looking better. Used to be owned by a mean old b****** named Dennis and was full of scum. I managed and lived in the Post Office Club Hotel down the road for a few years 

Edited by jakeyb77
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1 hour ago, Jakeyb77 said:

Used to be owned by a mean old b****** named Dennis and was full of scum.

Ah the good ole days.......:hiccup

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Guest jakeyb77
Just now, kab said:

Ah the good ole days.......:hiccup

Too true! I still only live down the road. I’ve worn the footpath out along Grey St coming home from Fitzroy St many a time. 

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Used to play pool in a little dingy upstairs place in Fitzroy St many moons ago

great place as long as you minded your own business.

 

Shared a flat in Grey St with some nutters back then,

fun times were had i must say.

 

Edited by kab
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