STAYING WEIRD
Court fight brewing over ‘Keep Austin Weird’ brand
The people who have rights to the phrase “Keep Austin Weird” are suing the people who operate an Austin festival and a running event by the same name.
At issue is whether festival organizers are still legally permitted to use the iconic phrase, according to a lawsuit filed in Travis County by Austin-based Outhouse Designs.
Outhouse, which has owned the trademark since 2001, alleges that it signed a contract in 2012 to hand over the slogan to the marketing firm Bounce in exchange for a portion of its ticket sales to the summer festival.
But the festival kept its name after the three-year deal expired in December 2015, the lawsuit states. After Bounce failed to extend the deal, the sides came to a verbal agreement allowing the festival to keep the name for its 2016 and 2017 events, court records show.
The lawsuit came as a surprise, said Bounce chief compliance officer Drex Earle. He said he believes the contract actually runs through 2021 but declined to elaborate.
“I’m not sure what Outhouse’s motivation is,” Earle said. “I’m not sure if they’re trying to breach the contract because someone else is offering them more money. From my perspective, a lawsuit is definitely not necessary, but if we have to vindicate our rights in court, then that’s what we’ll do.”
Attorneys for Outhouse could not be reached.
Outhouse wants a judge to say the contract is over at the end of 2018, giving festival organizers one more year with the phrase.
According to the lawsuit, the two sides came to terms on a three-year contract in October 2012. Per the terms of the deal, Bounce would “design and develop content to advertise, manage, produce and promote Keep Austin Weird events.” Outhouse was guaranteed a minimum of $5,000 from ticket sales and race entries.