College Media Network - Search the largest news resource for college students by college students

Bevo's Grill looks for buyer

UT Lawsuit forces closure of restaurant

By Krystal De Los Santos

Print this article

Published: Friday, January 23, 2004

Updated: Saturday, November 29, 2008

04_beso_chapman.jpg

Bevo´s changed their name to Beso after a trademark violation suit was filed by the University.

Deborah Mansoor is selling the property that housed Bevo's Grill before the University sued her for trademark infringement.

"UT won," said Deborah Mansoor, who opened the restaurant with her husband Sam in May. "With all the lawsuits and expenses and sign changes and media, it was just too much. People thought that UT shut us down."

The Mansoors' restaurant, eventually renamed Beso, closed in December.

The University claimed the restaurant, by using the name "Bevo" and the Longhorn silhouette, violated two UT trademarks. The lawsuit sought monetary damages and an injunction ordering the Mansoors to change or remove the signs.

The Mansoors tried to fight the lawsuit, saying they originally wanted to name their restaurant Bevos and Mangiar, a rough translation of the Italian "drink and eat," but shortened it when they decided to serve home-style cuisine rather than Italian. When they could not find a lawyer to represent their case, the Mansoors signed a consent order agreeing to change the restaurant name and signs.

"We thought we could overcome," Mansoor said. "We just didn't have enough finances to promote a new name."

Mansoor said she and her husband spent $5,000 changing letters on their three signs.

The owners were also forced to change their uniforms, which included T-shirts printed with the two trademark symbols, menus and advertisements on the radio, in the Austin Chronicle and in UT publications.

"Anything we had an investment in, we had to destroy. I guess they didn't know our phone number was 454-BEVO or else they would have made us change that too," she said. "But it's OK for tons of other people to use Bevo."

Mansoor mentioned that U.R. Cooks steakhouse restaurant and Texas Land and Cattle steakhouse chain also use a longhorn silhouette.

Craig Westemeier, director of the UT Office of Trademark Licensing, said he spoke with Deborah Mansoor before the restaurant opened.

"I had indicated to her that it was a registered trademark of the University, and we typically did not license the name in connection with other businesses," he said.

Westemeier said his predecessor dealt with Texas Land and Cattle, but the details of the case are currently not available, because the file in his computer archives will not open.

The University can choose to authorize businesses to use its trademarks, if the business submits a proposal and is granted approval, he said.

"She wanted to submit a proposal," Westemeier said. "I provided her with the contact information and never heard from her again."

Although the University's lawsuit sought damages from the restaurant, "no money ever changed hands," said Lee Smith, vice president for Institutional Relations and Legal Affairs.

"When you file a standard lawsuit in court, you include all remedies you might seek. If you don't include the injunction and monetary relief in the pleadings, the court bars you from seeking it in the future," Smith said.

Smith also said the University warned the Mansoors before they filed the lawsuit.

"We certainly did not go into this looking for money. We sent several letters asking them to cease and desist," said Smith. "I do know that the litigation is over, and there is a final order in the court."

Comments

Be the first to comment on this article!