Buc-ee's sues Missouri travel stop Barc-ee's for trademark infringement
The Brief
Rest-stop chain Buc-ee's has sued Missouri travel stop called Bar-cee's for trademark infrigement.
The suit claims that Bar-cee's acknowledged that Buc-ee's was the influence behind the name.
Buc-ee's is seeking an order to block the use of the logo and damages.
Buc-ee's is suing a Missouri-based travel stop called Barc-ee's, claiming they are infringing on the popular chain's trademark.
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.
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.
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.
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