Top chef has a new battle on his plate

Dec 26 2007 by Chloe Griffiths, The Journal

A RESTAURATEUR is facing a David and Goliath battle to hold on to the name that helped make him famous.

Chef Terry Miller shot to fame on television series Hell’s Kitchen, when he won praise for his signature dish named Rockafella.

The prawn and mash creation then inspired the name of the Newcastle restaurant he opened after winning the competition.

But now a massive US music recording conglomerate is preparing a legal battle to stop him using the name.

UMG Recordings Inc, which owns the Roc-a-Fella’s record label and whose artists include Elton John, U2 and rapper Kanye West, are objecting to Terry registering Rockafella as a trademark to protect the restaurant’s name.

If a legal battle goes ahead it could result in a hearing in London next year.

Terry said: “We just can’t believe that a giant corporation like UMG would want to do this to a little restaurant like ours, it’s a David and Goliath situation.

“It amounts to bullying tactics, but we will fight all the way to keep the name,”

UMG, which is the largest recording family in the industry, is claiming that the restaurant’s name is likely to be confused with its trademark for Roc-a-Fella, which is spelt differently and is registered mainly for musical, recording and performance services.

Jason Dainty, partner at Leeds solicitors Robinsons who are trademark specialists and representing Terry, said: “They also claim that Terry’s use of Rockafella would take unfair advantage of, or be detrimental to, the reputation of the Kanye West label.

“Our argument is that due to the difference in both the marks and the respective goods and services offered, there is no risk of confusion on the part of the public.

“Roc-a-Fella does not have such a big reputation – as opposed to the Rockefeller family of New York – and use of Rockafella doesn’t take advantage of their reputation.”

Terry became the best-known contestant on the 2005 television series at the beginning of the show when he served chef Gary Rhodes his signature dish of King Prawn Rockafella, made with instant potato.

The 49-year-old impressed the judges with his down-to earth approach to cooking and after winning the show, Terry used his £250,000 prize fund to help buy the £450,000 restaurant in Amen’s Corner, with his wife Linda.

And the couple, who live in Darras Hall, Ponteland, Northumberland, and used to run a pub in Stamfordham, Northumberland, decided to name it after his signature dish.

The restaurant is currently on a shortlist of five for the North-East Restaurant of the Year award, which will be announced in January.

Terry, who was born in Longbenton, North Tyneside, and first learnt to cook at High Heaton school, said: “We named the restaurant Rockafella after the prawn and mash dish I made famous on Hell’s Kitchen.”

UMG or Universal Music Group is the largest business group and collection of record labels in the industry, with a 25.9% share of the market.

It also owns the largest music publishing business in the world after its acquisition of BMG Music Publishing in June 2007.

No-one from UMG was available for comment.