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After yesterday's news that Austin's Barley Swine was suing the similarly named Barley & Swine in Miami, we reached out to Jorge Ramos, owner of Barley & Swine, to see what he had to say about the whole lawsuit ordeal. As far Austin's spot claiming trademark infringement Ramos says the following:
We refer to ourselves as B&S Gastropub in all our advertising. After this much time people are always going to refer to us as Barley and Swine no mater how we change our name. Also thinking that you can trademark the noun Barley or Swine is equal to thinking you can trademark the word Burger or Cola. Ask Pepsi or Burger king how that worked out for them.Ramos adds, "I can tell you that they [Barley Swine] filed for their trademark after we announced our name and it's pointless because we changed our name to B&S Gastropub prior to opening".
All of our advertising list us as B&S and 99% of the media outlets refer to us as B&S Gastropub and at one point or another mentioned the reason for the name change. I will be contacting my attorney and will most likely be filling a counter suit to recover any of my cost spent on this ridiculous lawsuit. Like I've said before were not concerned with what is going on in Austin. We have enough to deal with running one of Miami's top new restaurants. Our name is not what makes us great it's the amazing food, service, and environment that makes us what we are.
Eater National has also reached out to Barley Swine in Austin for comment, but they've declined.
· All Coverage of Barley & Swine [EMIA]
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