Having unique aspects of a business can help it remain recognizable to consumers. As a result, some business owners choose to protect certain aspects of their companies by obtaining trademarks for names, logos, color schemes or other identifying details. However, if another company infringes on that trademark, commercial litigation could take place.
It was recently reported that two Texas restaurants are currently involved in litigation due to one restaurant claiming the other has violated trademark protections. Apparently, paleo restaurant Picnik has filed the suit against Bento Picnic, another restaurant in the area that reportedly offers similar food choices. The issue apparently hinges on Bento Picnic having the word “picnic” in its name. Picnik also claims that the two restaurants have similar logos.
At the time of the report, the judge involved in the case was still working to determine whether it would move forward to trial or be dismissed. The owner of Bento Picnic stated that she is hoping to do everything possible to stay in business. It was unclear what damages, if any, the owners of Picnik are looking to achieve through this lawsuit if it moves forward.
When a company believes that its intellectual property has been misappropriated, it can bring about a number of issues. As this case shows, it may be worthwhile to consider taking legal action to have the matter addressed. If other Texas businesses believe that their trademarks, copyrighted material or other intellectual property has been stolen or misused, they may want to gain information about commercial litigation and what steps could help them handle their particular concerns.