The popular Texas-based convenience store chain Buc-ee’s recently filed a lawsuit against Barc-ee’s dog park, coffee and food shop in Marshfield, Missouri, alleging trademark infringement.
Barc-ee’s is just off Route 66 in Marshfield, about 17 miles from a Buc-ee’s in Springfield, Missouri.
According to the Springfield News-Leader:
The complaint filed in U.S. Western District Court of Missouri claims the use of “Barc-ee’s” in connection with food and drink products, pet products, and travel stop services using a “colorful imitation” of Buc-ee’s trademark, is an infringement on the Texas-based business’s rights. Likewise, Buc-ee’s is alleging the Barc-ee’s logo — a cartoon dog wearing a hat in a pink car within a yellow circle background —”mimics important aspects of the iconic Buc-ee’s logo.” Particularly, the document notes that Buc-ee’s beaver is associated with and often photographed in a red truck.
According to court documents, Buc-ee’s claims the logo copies its use of a “friendly smiling cartoon animal” in a black-outlined yellow circle, as well as copying the use of “a hat placed on a brown animal with a red tongue and black nose.” The use of this logo particularly to promote food and drink and travel stop services has resulted in confusion to consumers, the lawsuit claims. Additionally, the suit claims, the Marshfield business sells breakfast burritos and pieces of merchandise with the logo on them.
The lawsuit also references news articles noting Barc-ee’s owner John Lopez was inspired by Buc-ee’s for the business concept. […] The lawsuit argues this is evidence the business operators were aware of Buc-ee’s trademarks and still “willingly and intentionally” moved forward with using a similar mark, according to the document.
The newspaper couldn’t reach Barc-ee’s for comment, nor has the company mentioned the lawsuit on its Facebook page.
However, Barc-ee’s announced on March 12 it was closing temporarily to address what it called “unexpected construction challenges.”
Buc-ee’s filed a similar lawsuit in November against Duckee’s of Kimberling City, Missouri, with an animal cartoon mascot.
Buc-ee’s has 50 locations that are mainly in Texas, but in recent years it has expanded outward — including on Route 66 in Springfield, Missouri, and Amarillo, Texas.
UPDATE: Barc-ee’s put out this statement on its Facebook page yesterday:
Since the beginning, we’ve been advised by legal counsel that we had every right to pursue this adventure with no infringement on any trademark filings. Expert advice was sought both before and now. That position has not changed.
However, we are currently assessing whether it is in the best interest of our team, our vision, and our community to continue moving forward. It may be possible but if it is worthwhile is still being determined.
“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.”
JOHN LOPEZ, OWNER OF BARC-EE’S
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