Do you remember Tommy Tutone’s 1982 hit single that made the phone number 867-5309 famous? The song used the digits over and over in its catchy refrain and skyrocketed to the top of the pop music charts. Well, now the song is the subject of a bitter battle between two businesses.
According to news reports, a Rhode Island company and a national firm are battling over the right to use the number. The fight reportedly began two years ago, when Gem Plumbing & Heating of Lincoln, Rhode Island trademarked the popular phone number after Tutone’s song reached No. 4 on the Billboard Hot 100 chart. Gem initially acquired the number in Rhode Island when its original owner, Brown University, gave up 867-5309 after receiving thousands of prank calls. For years, Gem’s number has been in place in Rhode Island’s 401 area code and the 617 area code in southern Massachusetts.
But here’s where it gets ugly. Florida-based Clockwork Home Services, which like Gem offers plumbing services, uses a toll-free version of 867-5309 in New England. The company took Gem to court arguing that only one business can trademark a vanity number, like 1-800-FLOWERS.
A few days ago a federal judge in Boston barred Clockwork from using the number in Rhode Island and Massachusetts. But Clockwork’s lawyers vowed to fight on.
As for the man behind the digits, Tommy “Tutone” Heath told The Boston Globe that he’d prefer if neither company used the number.
“It’s ridiculous,” said Heath. “If I wanted to get into it, I could probably take the number away from both of them.”
Speaking of popular numbers, Madonna has recently been named as one of the headliners at this summer’s “Live Earth” concerts, which takes place on 7-7-07.
In anticipation of the big music event the singer just released a new digital song. The new song entitled: “Hey You” doesn’t specifically talk about Earth issues; rather the ballad’s lyrics refer to loving and saving each other. It is currently available on MSN.com. The first million downloads are free, and Microsoft is pledging to donate 25 cents per download to the Alliance for Climate Protection.
The global concert series is designed to raise awareness about climate issues and will be taking place in London, New Jersey, Tokyo, Shanghai, China; Johannesburg, South Africa; Sydney, Australia; Rio de Janeiro, Brazil; Hamburg, Germany; and Istanbul, Turkey. Besides Madonna, other musicians slated to participate in the concerts include the Hot Chili Peppers, Genesis and the Beastie Boys.
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