Barley & Swine, Faced With Trademark Infringement Allegation, Changes Name to B&S Gastropub
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.
B&S Gastropub New logo: All B&S.
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.
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."