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Buc-ee’s sues 3 companies for alleged trademark infringement

Owl & Anchor, Prometheus Esoterica Inc., Born United merchandise have ‘confusingly similar’ features as the convenience-store chain’s beaver mascot
Buc-ee’s Ltd. has filed trademark infringement lawsuits against three companies
Buc-ee’s Ltd. has filed trademark infringement lawsuits against three companies. | Shutterstock

Buc-ee’s Ltd. has filed trademark infringement lawsuits against three companies: Owl & Anchor, Born United and Prometheus Esoterica Inc. In each of the lawsuits, Buc-ee’s argues that the defendants’ merchandise features graphics “confusingly similar” to the convenience-store chain’s beaver logo and the companies are profiting from it.

Specifically, Buc-ee’s is claiming trademark infringement, unfair competition, trademark counterfeiting, unjust enrichment and false designation of origin, according to court documents.

Buc-ee’s is no stranger to trademark infringement cases. In April, a dog park named Barc-ee’s closed following a trademark infringement lawsuit with the convenience retailer. And in January, Buc-ee’s filed a similar suit against the operator of three Super Fuels convenience stores, who it alleged had a similar logo to its cartoon beaver.  

  • Buc-ee’s is No. 118 on CSP’s 2024 Top 202 ranking of U.S. convenience-store chains by store count.

Buc-ee filed its lawsuit against Owl & Anchor on May 29 in U.S. District Court for the district of Arizona.

Owl & Anchor, based in San Tan Valley, Arizona, operates a merchandise store that sells stickers, patches, stencils and custom-printing services for consumers to purchase on its website and Etsy store. Some of Owl & Anchor’s products feature Buc-ee’s beaver logo (pictured below, courtesy of court documents), Buc-ee's claimed.

Buc-ee’s has demanded a jury trial, alleging trademark infringement and requesting that the court order Owl & Anchor to stop designing, selling, promoting or advertising any product that uses or resembles Buc-ee’s logo. The company also wants Owl & Anchor to surrender and destroy all existing products, packaging, signage and online materials featuring the allegedly infringing designs.

In a separate case, Buc-ee’s filed a lawsuit against Born United on May 27 in in U.S. District Court in the district of South Carolina, Charleston division, court records show.

Born United, based in Goose Creek, South Carolina, sells clothing and other merchandise with patriotic themes and slogans. The company sold short- and long-sleeved shirts in various colors and patch emblems depicting Buc-ee's logos (pictured below, courtesy of court documents). Buc-ee’s said the company continued to sell these items even after receiving a cease-and-desist letter.

The lawsuit claims Born United is a competitor attempting to exploit Buc-ee’s reputation for commercial gain. Buc-ee’s is seeking the destruction of all infringing merchandise, repayment of profits, coverage of legal fees and additional damages due to what it alleges was willful infringement.

The third lawsuit that Buc-ee’s filed was on Prometheus Esoterica Inc. on May 29 in U.S. District Court in the Middle District of Florida, Orlando Division, court records show.

Prometheus Esoterica, based in Orlando, operates what it describes as an “oddities shop” and “gothic boutique” selling macabre-themed merchandise and apparel. Buc-ee’s alleges the company has sold T-shirts and decals featuring the Buc-ee’s beaver logo without authorization (pictured below, courtesy of court documents).

In this case as well, Buc-ee’s is asking the court to permanently stop the sale of any infringing merchandise and to order the company to pay damages.

CSP's could not reach the three defendants and Buc-ee’s for comment. 

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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