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Home > Austin Music Source > Archives > 2008 > May > 07 > Entry
SXSW sues new restaurant/bar
Here’s a YouTube video we’d like to see: Louis Black and Roland Swenson just finding out that a new restaurant/ live music venue named “South By South First” was coming soon to the corner of South First Street and Stassney Lane.
First-time restauranteur Gary Miller was hit with a lawsuit from SXSW Inc. this week charging that the name South By South First infringes on the South by Southwest trademark. The steak and seafood restaurant with a big stage was set to open next week in the former location of Gino’s Italian Grill. Miller has two weeks to respond to the suit, filed by the firm of Fulbright & Jaworski, which could hold up the opening.
“They’re trying to bully us,” said Miller, who claims his joint’s name was based on geography. “We’re south of Ben White and by South First,” he said.
Swenson bristles at the bullying charge. “Our name is our primary asset, and we have defended our trademarks many times over many years,” Swenson said. “The only way to truly own a trademark is to defend it… We don’t want to sue anybody, but we had no choice.”
Miller’s partner Mike Mikeska, a drummer for Johnny Dee and the Rocket 88s, said he doesn’t understand why there’d be any confusion. “We’re a restaurant, not a music festival,” he said. Miller estimates that he and his partners have invested about $5,000 in the name through signage and menus.
SXSW director Swenson said his company first contacted the restaurant owners in January, three months before the South by South First signs went up.
“If (fighting the lawsuit) gets expensive we’ll have to give in,” Miller said. If it does come to finding a new name, they’d be wise to stay away from “South Austin City Limits” or “Sea-3 Presents.”
Comments
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By Buzzy
May 7, 2008 9:13 PM | Link to this
Isnt “South by Southwest” a twist on the Alfred Hitchcock film “North by Northwest?” Good thing for Swenson they are not quite as litigious.
By keith
May 7, 2008 9:36 PM | Link to this
I can understand the confusion, but I didn’t know anyone had a trademark on common directions such as N, S, W, E….guess that means that compass makers should get ready to be sued also…..
By Wells
May 7, 2008 10:11 PM | Link to this
Well seeing as how SXSW stole the idea for its name from North by Northwest this is kind of the pot calling the kettle black.
By KirkbySW
May 7, 2008 10:24 PM | Link to this
I think MAPSCO could be in big trouble too
By rob
May 7, 2008 10:37 PM | Link to this
Interesting. Did SXSW Inc sue the North by Northwest Restaurant up on Capital of Texas near 183 and Loop 1?????
By todd
May 7, 2008 10:53 PM | Link to this
Pure arrogance. I will definitely visit SOUTH BY SOUTH FIRST. I will not attend the OVERRATED sxsw average music festival.
By KP
May 7, 2008 11:13 PM | Link to this
I think SXSW needs to let this one go - unless they can prove in the court of public opinion that it would harm their multi-million dollar festival, this will only provide them with bad PR (which, ironically, can actually harm their multi-million dollar festival).
Besides, the folks that need to sue are Paradise Cafe and The Oasis for taking their logo images!
Check www.paradiseonsixth.com and www.oasis-austin.com and see for yourself.
(I’m just joking about the logo suit, of course - everyone needs to relax - this is Austin, after all)
By Miguel
May 7, 2008 11:22 PM | Link to this
Wow, first they call AFD to shut down parties that have the gall to schedule themselves during SXSW and now they are suing a non-corporate entrepreneur who’s trying to bring a decent seafood restaurant to South Austin.
Join us next week when Swenson and Black moon a bus full of nuns.
By Dan Cain
May 7, 2008 11:27 PM | Link to this
SXSW (I hope they don’t sue me for using their name), using the most old line, conservative law firm in the state shows how pretentious these hucksters are. I’ve owned clubs in Austin in the past (Tex’s, Halls, the Boathouse) and each year they’d approach us to be a host venue. And each year we’d turn them down. I hope though, restaurant owner, Mr. Miller has a deep pocket. Otherwise, justice won’t prevail in this frivolous lawsuit.
By Dan Cain
May 7, 2008 11:53 PM | Link to this
LMAO, at the grand determiners of what’s cool in local music using the most conservative, old line law firm in the state to sue someone daring to use a name even similar to SXSW. I hope Mr. Miller has a deep pocket, otherwise justice won’t be served in getting this frivolous law suit dismissed.
By Good Jim Jones
May 7, 2008 11:59 PM | Link to this
Hey Gary…Thanks for thinking of South Austin…We’re All Here because We’re not All There! Do you think they would still sue if you used SXS1st? Welcome to the neighbor, we need you as well as you need us. Hang in there..What happened with the Spirit of Free Enterprise. You would think that they should be honored to be thought of in such a tangible everyday way..with Good food and some of that good ole South Austin Music. Where is the Spirit of Community sharing? Think about it!
By JT Moore
May 8, 2008 12:57 AM | Link to this
Hopefully this is more driven by the greedy hacks at Fulbright than Louis Black himself. Most stupid litigation starts with a bad lawyer looking for some billable hours. This is a bad joke on the plaintiffs—keep your own counsel, Louis.
By JoeT
May 8, 2008 1:10 AM | Link to this
The SXSW people are rude, pushy, and just plain Non-Austin. Anything that resembles their so-called trademark should be welcomed as additional promo for SXSW and the type of scene Austin is. Austin made SXSW, not vice-versa.
This type of lawsuit makes SXSW look silly and petty to the rest of the world.
By Joe Doyle
May 8, 2008 1:14 AM | Link to this
I hope nobody tells Louis and Rollie about NXNW, the brewery up nort’.
Well maybe since it’s the other direction it doesn’t really matter.
By Elena
May 8, 2008 1:19 AM | Link to this
Totally ridiculous. Oh no, they used the phrase “south by south” in front of another word other than “west” — I guess the Weather Channel and NOAA are about to get papered with lawsuits for telling me where the wind comes from? I guess if such lawsuits actually hold water, all Austin will know is whether it’s upwind or downwind of these turds.
Gary — tell these fools to bring it on and change your name to South By Southwest Sucks and Seafood.
By Harp
May 8, 2008 5:12 AM | Link to this
I hope that Miller and Mikeska fight this. If they set up an account for a legal fund, I’ll contribute. And given the increasing sense that South By So What has been exploiting Austin, it musicians and venues for years, I’m sure there would be plenty of support. On this one, Swenson needs to sit down and stfu.
By daisybones
May 8, 2008 7:08 AM | Link to this
one of my co-workers calls it this: FXFoff.
By SXSWJimmy
May 8, 2008 9:36 AM | Link to this
I used south by southwest during my travels thur the North by Northwest passage I hope I don’t get sued…Good Luck
By unofficialfest
May 8, 2008 10:47 AM | Link to this
While it may be accurate to say that Mr. Swenson continually and vigorously defends the SxSW business plan, with a noticeable uptick this past March, are you sure that there has been the required pattern of vigorously defending the 2 trademarks? Is SxSWBaby.com licensed to use “SXSW”, while operating a site that dilutes the SXSW brand on its own social networking turf? How about the other web domains that use SXSW in the name (262 total), some of which appear to generate search revenue by deliberately exploiting the trademark?
By robby2323
May 8, 2008 11:02 AM | Link to this
dude should only be sued for that ugly menu not the name!!!sxsw sucks any way
By Southside Danny
May 8, 2008 11:41 AM | Link to this
Don’t care what the call the place, just hurry up and open it. Libations and live music within walking distance of home, Woohoo! Gino’s was cool, this place will be even better. Don’t imagine they’ll be buying any ads in the Chron. You can always count on SXSW to p* on everyone else’s parade.
By Natalie
May 8, 2008 12:31 PM | Link to this
Dude that’s ridiculous, Mikeska is a family friend, and I know he in no way meant to infringe on anyone’s rights. Too bad our legal system serves those with money, and not the right way.
By Craig
May 8, 2008 4:00 PM | Link to this
Where’s the beef in this suit? Clearly differentiated….perhaps a suit against Southwest Airlines, now there’s deep pocket for the litigious…
By Guy
May 9, 2008 12:33 AM | Link to this
Is SXSW crazy. Unless you are an Austinite, no one would have gave a B movement. In what I’ve read Austin dislikes SXSW anyway. So SXSW let it go. South BY South First is just a location in Austin and if it I had not heard about South By South First I would not even known about South By Southwest. So let’s get the fund going to save South By South First and send South By Southwest a message. I bet there is not a native Austin nor a Texan running South By Southwest. So let’s send back to where ever they came from. OR SXSW can just drop it.
By rick
May 9, 2008 12:35 AM | Link to this
this is really sad…..sxsw used to be good now its just more corporate bs….everbody needs to show up for the grand opening of this place and let sxsw know what Austin is really about…..
By norm
May 9, 2008 8:53 AM | Link to this
good publicity stunt
By Rusty Keith
May 10, 2008 11:41 AM | Link to this
Please…someone set up a SXS1st defense fund website so I can donate money!
By dan
May 13, 2008 5:11 PM | Link to this
what a dumb move by sxsw. shooting themselves in the foot eh? here comes the bad press!!!!
By Dave
May 14, 2008 5:54 PM | Link to this
whoever owns the rights to the movie “North by Northwest” should sue SXSW for infringement.
By umbrella
May 15, 2008 4:36 PM | Link to this
money follows closely behind art. artists create something, soon money follows, money corrupts art, art moves elsewhere, money follows. haight-ashbury, soho, austin, wherever. SXSW has become more about money than about music or art. lawsuits to protect the money-making franchise are predictable. to say they have no choice to sue people says about it all.