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El Arroyo headed into The Ditch?


DalTxHornFan

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This place has generally begun to suck since the Abel's guys took it over a couple of years ago.  Now, it seems that they are behind on their rent on the West 5th store and a fight has ensued over the El Arroyo trademark.  Perhaps the high-rise that ends up getting built there will preserve the daily marquee postings?

https://www.mystatesman.com/business/sign-the-times-fight-brewing-over-arroyo-restaurant-name/KmvJZFeWHwZrVDFvnN44tO/

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I know what happened on the trademark.  Common scenario.  The original owners (Ogdens), never bothered to register the trademark, they just called it a "trade name."  The agreement probably says something like "the right to use the trade name "El Arroyo.'"

The lawyers who did the buy-sell paid no attention to the IP,  so the name didn't get handled properly.  The buyers (Cozumel) registered the trademark as the users/owners.

Now the sellers are claiming they only had a license to the mark, not outright ownership and that the buyers thus fraudulently registered and renewed the trademark.

The seller's end game is that they want to keep the name and license it to someone else when the current El Arroyo goes el busto.

 

Reason I bring this up, if you have a business where the name is even a marginally important asset, register that fucker.  And even if you don't register it, treat it like a valuable trademark even if it may not be.  I see this way too often.

Edited by TwiceHorn
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Just now, miguelito said:

If the new one is called The Arroyo, is that different enough to not get sued?

Probably not. 

Funny thing, I see this in my practice fairly often coming out of smaller towns (most recently Waco from a transaction in 2003) , where the lawyers just aren't that cognizant of IP and trademarks.  Austin certainly no longer fits that bill, but this was early 90s Austin.  A bit of a sign o the times, if you will.

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12 hours ago, TwiceHorn said:

Also, I see that the Winstanley bros own The Tavern now.  Does it suck?

The even screwed up the hamburgers. I mean how do you fuck up a hamburger.

Looks like they sold it to the Esther's Follies owners back in February 

https://austin.eater.com/2018/2/14/17013288/the-tavern-esther-follies-new-owners-raymond-tatum-menu

 

Edited by Texas007
Duh
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  • 3 weeks later...
On 5/15/2018 at 5:30 AM, South Austin said:

I haven’t been to the 5th Street location in over a decade, but the one on Far West started sucking shit a few years before it closed. 

Yep.  We used to take the brood up there every once in awhile but eventually it just wasn't worth it.  Clammy cheese, sauces seemingly out of a can, etc.

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Wow.  With a bit of PE money, the Winstanley's plan to expand their footprint of suckage!

El Arroyo, Austin restaurant famous for funny signs, is expanding across Texas

The home of the iconic marquee sign will open multiple locations in the state in the next few years.

https://www.mysanantonio.com/food/article/el-arroyo-austin-new-locations-17405032.php

Edited by DalTxHornFan
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1 hour ago, Spoosner said:

Has anyone actually eaten there recently? I heard a rumor the food has improved, but I haven't been in 15 years.

Cold chips out a bag and crappy salsa, both likely straight from the Sysco truck.  Hard to overcome that.  Sad.  I used to love that place in the Doug English and Clay McPhail, et al. era.

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