The music plays on at the club made famous by late jazz great Charlie Biddle, but the renowned bassist's family has ensured the nightspot no longer bears his name.
Biddle's widow and four children were granted a temporary court injunction last month forbidding club owner Georges Durst from using Biddle's name or image at the downtown club.
Biddle's children, all musicians, said Wednesday they're seeking $15,000 each in damages from Durst, whom they accuse of profiting from the name of their father, who died in February at the age of 76.
The venue, known for years as Biddle's Jazz and Ribs, has been hastily renamed the House of Jazz.
"We want recognition that [Durst]is using our name and making money on it," son Charlie Biddle Jr. told a news conference.
Daughter Sonya Biddle, a jazz vocalist, said Durst's use of the family name has hurt the careers of Biddle's children.
"When we try to negotiate for performances, we're told, 'You guys are already rich,' or 'Why don't you open your own Biddle's?' "My dad made Biddle's. No one else."
Durst's lawyer, Jonathan Seal, argued Wednesday that a deceased person's name and image belong to the public under Quebec's privacy laws. The court case, which will determine whether to grant a permanent injunction and damages to the Biddles, will also test the privacy law for the first time, Seal added.
Meanwhile, all signs of Biddle's influence have been purged from the club where the Philadelphia-born musician played for 22 years. His photo is missing from the club's wall of fame and was hastily replaced by a large mirror following the June 23 injunction.
Seal said the real loser in the dispute is Charlie Biddle, who is synonymous with Montreal's jazz scene and played with such greats as Charlie Parker and Thelonious Monk.
"He [Biddle]worked there 22 years and there was never any complaint," Seal said. "These disputes were only born after his death."