Long before Jimmy Buffett and Alan Jackson recorded the song, the Five O’Clock Steakhouse in Milwaukee was promoting the idea that it’s always five o’clock inside its walls. The steakhouse recently came to a settlement with the famous country singer on the use of the Five O’Clock name.
Jimmy Buffett put a bar called 5 O’Clock Somewhere in his Margaritaville Casino in Las Vegas, which opened this month. The name is based on a 2003 song of the same name that Buffett recorded with Alan Jackson.
When he went to trademark the name, he realized that Five O’Clock Steakhouse already had the trademark, said Andy John, a spokesman for Behrman & Associates Public Relations, which represents the steakhouse.
Instead of going to court, Buffett and the steakhouse came to an undisclosed settlement on use of the name, John said. As part of the settlement, Buffett can use the name for bars but Five O’Clock Steakhouse still owns the trademark for restaurants. Buffett also must avoid using the steakhouse’s colors, logo or font.