'LINCOLN, R.I. - One-hit wonder Tommy Tutone made the phone number 867-5309 famous in the band's 1982 hit single, which uses the digits over and over in its catchy refrain.

Now, a Rhode Island company and a national firm are battling over the right to use the number, which doesn't reach the "Jenny" that Tutone sings about, but could find callers a decent plumber.

Two years ago, Gem Plumbing & Heating of Lincoln, R.I., trademarked the phone number in the early 1980s hit, which reached No. 4 on the Billboard Hot 100 chart. Gem acquired the number in Rhode Island when its original owner, Brown University, gave up 867-5309 after growing weary of the constant prank calls.

Gem's number works in the 401 area code in Rhode Island and the 617 area code in southern Massachusetts.

But Florida-based Clockwork Home Services, also a plumbing company, uses a toll-free version of 867-5309 in New England. They argue a company can only trademark a vanity number, like 1-800-FLOWERS.

Gem won round one in its legal fight over the number when a federal judge in Boston recently barred Clockwork from using the number in Rhode Island and Massachusetts, effective this week. But Clockwork's lawyers said they would fight on.

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."'

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Cool Beans mentioned Beechwood 4-5789 on another thread.

Written by Marvin Gaye, Mickey (William) Stevenson, and Berry Gordy
Recorded by The Marvelettes
Included in Motown Hitsville, USA, Volume 1 disc 1

(La, La. La, La, La, La, La)
Hey-ah-ay-ay
(La, La. La, La, La, La, La)
Oh, baby
(La, La. La, La, La, La, La)
Hey-ah-ay-ay

You can have this dance with me
You can hold my hand and
Whisper in my ear sweet words that I love to hear

(Whisper sweet words in my ear) Oh, baby
Don't be shy (don't be shy)
Just take-a your ti-ime (just take your time)
I'd like to get to know you (like to get to know you)
I'd like to make you mine (like to make you mine)

I've been wai-aiting, standing here so patiently
Fo-oh-oh-or you to come over and have this dance with me
And my number is Beechwood 4-5789
You can call me up and have a date any old time

(La, La. La, La, La, La, La)
Hey-ah-ay-ay
(La, La. La, La, La, La, La)
Oh, baby
(La, La. La, La, La, La, La)
Hey-ah-ay-ay

Don't be shy (don't be shy)
Just take-a your ti-ime (just take your time)
I'd like to get to know you (like to get to know you)
I'd like to make you mine (like to make you mine)

Beechwood 4-5789
You can call me up and have a date any old time
And my number is Beechwood 4-5789
You can call me up and have a date any old time

Beechwood 4-5789
You can call me up and have a date any old time


Y'all got any to add?