Buc-ee's sues Missouri travel stop Barc-ee's for trademark infringement
Buc-ee's is suing a Missouri-based travel stop called Barc-ee's, claiming they are infringing on the popular chain's trademark.
Buc-ee's sues Barc-ee's
The Lawsuit:
Earlier this month, Buc-ee's filed the lawsuit in a United States court in Missouri.
The suit says that Home Away From Home Dog Training, LLC opened a Barc-ee's travel stop in Marshfield, Missouri that sold food, drinks, pet products and more. It also offered EV charging stations and play areas.
Buc-ee's says the company purposefully used and promoted the Barc-ee's name in a way that violates the Buc-ee's trademark. The suit claims that the name, the curving word style and cartoon mascot, which uses a brown animal with a red tongue on a yellow circle all mimic important aspects of Buc-ee's trademarks.
Lawyers for Barc-ee's also cite articles about the business posted on the barcees.com website saying that Buc-ee's was the inspiration for the Bar-cee's business.
"Defendants are using the Barc-ee’s Mark and the Barc-ee’s Logo with full knowledge of Buc-ee’s rights, and in bad faith and with willful and deliberate intent to trade on Buc-ee’s substantial recognition, reputation, and goodwill," reads the lawsuit.
Buc-ee's claims that the use of the name and logos "falsely indicates to the purchasing public" that they are in some way connected to or sponsored by Buc-ee's.
The chain says that Bar-cee's "unlawful conduct" has been "intentional, willful, and malicious."
Buc-ee's is seeking an order to block Barc-ee's from using the similar logos and marks and award a financial payment for damages, costs, and attorney fees.
The other side:
Barc-ee's posted on Facebook that its team is working to reimagine its location.
The owner of Barc-ee's says they are currently assessing if it is in their best interest to continue moving forward.
"Being sued is a delightful addition to the business experience that none of my mentors got me ready for. It’s like receiving a surprise gift that you never knew you wanted. This unwanted extreme team-building gift involves stakes that are high and ‘trust falls’ that involve legal documents and not people. Although I prefer my business challenges to come with a side of coffee rather than a court summons, this is just a part of the entrepreneur game. My legal team believes we are not legally infringing on any trademarks. The remarks from a legal team that specializes in trademarks also believe that I could win if it went to trial, but it may not be worth the fight. Beavers are cunning creatures. Very rare does a small dog go into a fight with a big beaver and come out on top," wrote Barc-ee's owner John Lopez on Facebook.
Buc-ee's
The backstory:
Buc-ee's was founded in Lake Jackson, Texas in 1982.
The chain of gas stations has since spread in the United States.
There are 51 Buc-ee's in Missouri, Alabama, Florida, Georgia, South Carolina, Tennessee, Kentucky, Colorado and Texas.
This is not the first time Buc-ee's has been in a trademark infringement lawsuit.
Buc-ee's sues North Texas gas station chain claiming logo is too similar to beaver
Buc-ee's is suing a smaller North Texas gas station chain, claiming it is infringing on the copyright for the Buc-ee's beaver logo.
A North Texas gas station was sued by the convenience store in January.
The Source: Information in this article comes from the lawsuit filed in United States District Court of the Western District of Missouri Southern Division and Buc-ees.