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Picnik’s Lawsuit Over the Word ‘Picnic’ Is Still Dragging On

Paleo-friendly restaurant Picnik is appealing the judge’s decision in the lawsuit against Bento Picnic

St. Elmo location of Picnik
St. Elmo location of Picnik
Picnik [Official]
Erin Russell is associate editor of Eater Austin, a native Austinite, and a big fan of carbs.

Apparently we haven’t seen the last of that lawsuit over the word “picnic” between paleo-friendly Picnik and east side bento purveyor Bento Picnic. Though a judge dismissed Picnik’s orignal lawsuit against Bento Picnic for trademark infringement in June, Picnik appealed the ruling this month.

The appeal should be a shorter process because the only new information for the judge to consider is a short letter that the prosecutor (Picnik) wrote asking the court to reconsider the dismissal.

Bento Picnic also sought reimbursement of legal fees for the previous lawsuit. The appeal means that the decision of who will pay lawyer fees for the entire process (including the appeal) will be deferred until the end of the appeals process. Ostensibly, this is worse news for Bento Picnic than for Picnik, which raised $7.5 million from a private equity firm last August.

Bento Picnic expressed disappointment in the ruling in its monthly newsletter:

As many of you may already know, we found out in June that we won the trademark infringement case brought against me and my company, Bento Picnic, for using the word “picnic” in our name. It was such a relief, and I was looking forward to moving forward free of the distraction, expense, and anxiety of the lawsuit.

Unfortunately, the plaintiff has decided to appeal the favorable ruling, which prolongs the life of the case and adds to the growing mountain of expenses (whomp whomp).

Picnik has thus far not commented on the lawsuit, but if that changes, Eater will let you know.


888 Westheimer Road, , TX 77006 (346) 261-4996 Visit Website

Bento Picnic [East]

2600 E. Cesar Chavez St, Austin, TX 78702 Visit Website