Buc-ee’s Ltd. is going after what it considers to be another knockoff. The mega-convenience-store and fuel retailer has filed a lawsuit against EJL Acquisitions LLC and Home Away From Home Dog Training LLC, claiming “trademark infringement, trademark dilution, unfair competition and false designation of origin, misappropriation and unjust enrichment,” according to court papers.
Buc-ee’s filed the case Wednesday in U.S. District Court in the Western District of Missouri, Southern Division.
Gladstone, Missouri-based EJL Acquisitions and Home Away From Home Dog Training operate Barc-ee’s, a dog park and retail business in Marshfield, Missouri, that sells food, drinks, pet products, travel stop services, electric-vehicle (EV) charging stations and a store featuring convenience items such as branded insulated tumblers.
Buc-ee’s says 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.
Buc-ee’s is No. 118 on CSP’s 2024 Top 202 ranking of U.S. convenience-store chains by store count.
“Barc-ee’s” name is an imitation of “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.
Articles about the Barc-ee’s business posted on the its website indicate that Buc-ee’s was the “inspiration” for the Barc-ee’s concept, Buc-ee’s said in the court documents, citing John Lopez, the founder and CEO of Barc-ee’s. The website also includes a reference to Buc-ee’s well-known interstate billboards: “In a playful nod to Buc-ee’s, Barc-ee’s plans to advertise along I-44 up to 600 miles out with billboards featuring friendly jabs at its inspiration, including a potential sign featuring a dog and a beaver.”
The “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,” the plaintiff alleges. The defendants’ use of the Barc-ee’s name and logo, “which are confusingly similar to the Buc-ee’s trademarks, falsely indicates to the purchasing public that [the] defendants and/or their services and products are in some manner connected with, sponsored by, affiliated with and/or related to Buc-ee’s and/or the Buc-ee’s goods and services,” Buc-ee’s said.
The “defendants’ unlawful conduct has been intentional, willful and malicious,” Buc-ee’s concluded. “Buc-ee’s is entitled to injunctive relief, and Buc-ee’s is also entitled to recover at least any profits by defendants, Buc-ee’s actual damages, enhanced profits and damages, costs and reasonable attorney fees.”
CSP attempts to reach Barc-ee’s were not immediately successful. Barc-ee's website says it is "temporarily closed." Its social media accounts cite “unexpected construction challenges that require our full attention” for the closure. It isn't clear whether this has anything to do with the lawsuit.
Brand Defender
Buc-ee’s has always aggressively defended its brand.
In January, Buc-ee’s filed suit against Dallas-based Super Fuels, which operates three convenience stores, for trademark infringement. The chain’s logo features a smiling cartoon dog wearing a red cape on a blue circle.
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.
It recently went after a knockoff in Mexico—a new c-store in Estacion Manuel, Tamaulipas, Mexico, called Luc-ky’s. In 2023, it went after a c-store set to open in Mexico called BUK-II’S in Matamoros, Mexico. In 2018, Buc-ee’s won a legal dispute again Choke Canyon Travel Centers in Atascosa, Texas, over that c-store chain’s similar logo—an alligator. In 2014, Buc-ee’s filed a lawsuit against B&B Grocery, which operated a c-store and Shell gas station in Garner, Texas, called the Frio River Grocery, that used the a beaver in its logo. In 2013, Buc-ee’s filed suit against Chicks, a new c-store in Bryan, Texas, with two chicks on its logo.
“Buc-ee’s has invested heavily in innovation across the company to provide the best quality products and experience for our customers,” Jeff Nadalo general counsel for Buc-ee’s, told CSP in January. “Buc-ee’s will not be idle spectators while others infringe the intellectual property rights that Buc-ee’s has worked so hard to develop.”
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.
Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.