Barc-ee’s, a dog park and retail business in Marshfield, Missouri, is closing following a trademark infringement lawsuit with convenience retailer Buc-ee’s.
“With heavy hearts, we’re announcing the official closing of Barc-ee’s,” the business posted on April 17 to its Facebook page. “This decision hasn’t come easy, and we want to thank each and every one of you who supported us, cheered us on, and made memories with us.”
Barc-ee’s said there’s more to come, though—it will be announcing a new brand name, new look and new location.
On March 19, Buc-ee’s Ltd. filed a lawsuit in the U.S. District Court in the Western District of Missouri, Southern Division, against EJL Acquisitions LLC and Home Away From Home Dog Training LLC, which operate Barc-ee’s.
- Buc-ee’s is No. 118 on CSP’s 2024 Top 202 ranking of U.S. convenience-store chains by store count.
Buc-ee’s said the defendants purposefully advertise, market, promote and sell products and services in a manner that that results in confusion to consumers and violates its rights and trademarks.
“Barc-ee’s” name is a play on the name of fast-growing c-store chain “Buc-ee’s,” and its logo and dog mascot—“an anthropomorphic and cartoon representation of a smiling brown animal with a red tongue and black nose wearing a hat on a yellow circle with a black circular outline”—also resemble Buc-ee’s logo and beaver mascot.
Barc-ee’s in late March responded to the lawsuit, saying on Facebook: “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.”
Buc-ee’s has always aggressively defended its brand. Late last year, Buc-ee’s sued Kansas City, Missouri-based 2 Wiseman Enterprises, doing business as Duckees Drive Thru, a liquor store in Kimberling City, Missouri, for trademark infringement. The allegedly too-similar logo in this case features a duck.
Founded in 1982, Lake Jackson, Texas-based Buc-ee’s now has 50 stores in Alabama, Colorado, Florida, Georgia, Kentucky, Missouri, South Carolina, Tennessee and Texas. The company also has broken ground on its first Virginia and Mississippi locations, and it plans to open stores in new states including Arkansas and Ohio.
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