LAKE JACKSON, Texas -- Buc-ee's Ltd. has gone after another retailer for having a logo--and in this case, a mascot--that it believes too closely resembles its own. The convenience store company filed a trademark infringement lawsuit July 3 in the Houston Division of the Southern District of Texas against B&B Grocery Inc., Anica B. Joran and Austin Logo Designs LLC, reported The Southeast Texas Record.
Buc-ee's uses a distinct font, color scheme and beaver mascot on the logo for its c-stores operating in Texas, which was registered with the U.S. Patent and Trademark Office on May 29, 2007.
B&B Grocery operates a convenience store and Shell gas station in Garner, Texas, called the Frio River Grocery, which uses the "Frio Beaver" in its logo. Buc-ee's says it uses infringing marks designed by the defendant Austin Logo Designs, the suit states, according to the report.
The defendant's willful use of confusingly similar trademarks constitutes an invasion of the plaintiff's valuable property rights in a manner that unjustly enriches the defendant, the suit states.
The plaintiff is seeking a temporary restraining order against use of the infringing marks, actual and statutory damages in an amount to be determined by the court, plus costs, said the report.
Buc-ee's took legal action against a Bryan, Texas-based convenience store retailer called Chicks in March 2013 for trademark infringement. The companies settled, and Corpus Christi, Texas-based Susser Holdings Corp. acquired the single Chicks c-store in April 2014.
Lake Jackson, Texas-based Buc-ee's operates nearly 30 convenience centers throughout Texas.