SXSW cracks down on trademark violators

AUSTIN (KXAN) - It is possibly the most recognized abbreviation in Austin. Four letters that have become somewhat iconic.

“SXSW? Yeah, that’s South By Southwest, the music festival,” said tourist Andrew Freeman.

In text messages, in emails, and anywhere else where you want to make a long message short, the letters SXSW always do the trick.

But some are finding that using those four letters can come with some red tape -- the kind of tape that protects a trademark.

“It is an abbreviation,” said Freeman. “How can you trademark an abbreviation?”

It is something that South By Southwest has done, and dozens of websites and blogs using the trademark without permission are being asked to change.

South-By Free Noms is a website where one can find what free food and drinks can be had during South By Southwest. That name was changed recently after the site’s webmaster was sent a warning from SXSW. The email can be read on the site.

There are dozens of similar “unofficial” sites which focus on SXSW events and use the trademarked phrases in the URL and website title.

A SXSW spokesman explained the crackdown on trademark violations.

“Lots of people use the terms SXSW and SOUTH BY SOUTHWEST to do all manner of things during the event, and we have no problem with many of them, so long as they use the marks fairly and in ways that will not confuse the public,” said Brad Spies in an e-mailed statement to KXAN.

Spies said there are three key issues concerning use of the trademark:

• We have issues when a brand or company is trying to commercially benefit from the use of our marks without our permission (e.g., using the marks to drive traffic to their website, get “likes” on Facebook, etc.);

• We have issues when people fraudulently claim to sell access to SXSW (e.g., selling showcases to musicians, selling fake badges, etc.); and

• We have issues when people use the SXSW marks in the URL or website title, or when they use our marks in any type of artwork they create - which is what SXSW Free Noms did.

John Kunz, the owner of Waterloo Records and Video, said they sell wristbands and other items with the SXSW trademark, however, they have always sought permission first.

“We have always worked with them for sponsers for day parties as well as the time the parties would end,” said Kunz. “We have always used it with permission and the partnership with SXSW.”