Barley & Swine, Faced With Trademark Infringement Allegation, Changes Name to B&S Gastropub

Categories: Restaurant News

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B&S Gastropub
New logo: All B&S.
When Barley & Swine opened in Kendall, the father and son team of Jorge and Jorge Ramos had a simple idea: Cook classic comfort food and pair it with beer. Hence, the name -- Barley & Swine.

But, as they say, there's no such thing as an original idea, and the family partners soon learned that a restaurant in Austin was called Barley Swine. That restaurant had filed for a trademark December 3, 2012, using the "Barley Swine" name for the first time December 1, 2010.

See also: Barley & Swine Gastropub Bringing Pork Belly, Popcorn Ice Cream to Dadeland

Upon learning of the Miami restaurant's opening, the Austin restaurant issued a cease-and-desist letter to the Kendall restaurant in March 2013, according to Eater.

Now, Austin's Barley Swine has upped the ante by filing a civil action lawsuit against Barley & Swine and partner Jorge Ramos, according to the Austin American Statesman. The 68-page lawsuit, filed in United States District Court, Western District of Texas, Austin Division, states:

"BGDG Enterprises, LLC. d/b/a Barley Swine [Austin] filed its application for Plaintiff's Mark on December 3, 2012, which is approximately six (6) months prior to Defendant's first use of "Barley & Swine" on June 22, 2013."

The lawsuit also alleges:

"The Defendant's activities are likely to create confusion among the purchasing public, are likely to deceive purchasers concerning the source or sponsorship of such goods and/or services, and will otherwise mislead purchasers as to the origin of the goods and/or services offered and sold by the Defendant, and cause purchasers and others to believe that Defendant's goods and/or services come from, or are sponsored or approved by, or affiliated with, BGDG, thereby causing irreparable harm, injury and damages to BGDG."

Location Info

B&S Gastropub

9059 SW 73rd Court, Miami, FL

Category: Music


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2 comments
the_lavender_room
the_lavender_room

Ramos is so shady. They are also claiming to be part of the Miami Spice, but not honoring it in actuality. My GF and her family went there on Tuesday night, a Miami Spice evening, and asked for the Miami Spice Menu and then the owner came to the table and told them they are not actually offering the Miami Spice, because it wasn't cost effective. So despite advertising themselves as part of the Miami Spice online and through the GMCVB,

Claudio
Claudio

Hey new times! Give Jorge a call tell him to delete the fan page, and help him get those followers back! U guys have so much pull and media push here in Miami, help a brother out! This guy is Miami! And his food is awesome!

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